Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BANKRUPTCY AMENDMENT ACT 1987 No. 119 of 1987 - SECT 30

Public examination of bankrupt
30. (1) Section 69 of the Principal Act is amended:

   (a)  by omitting subsections (1) and (2) and substituting the following

"(1) Where a person (in this section called the 'examinee') becomes a
bankrupt, the Official Receiver or the trustee of the examinee's estate may,
at any time (whether before or after the end of the bankruptcy), apply in
writing to the Registrar for the examinee to be examined on oath under this
section about his or her conduct and examinable affairs.

"(2) On receiving the application, the Registrar shall fix a reasonable day,
time and place for the examination to begin and shall summon the examinee to
attend on that day and at that time and place.";

   (b)  by omitting from subsection (4) "of a bankrupt under this section" and
        "by instrument";

   (c)  by omitting from paragraphs (5) (a), (b) and (c) "of the bankrupt";

   (d)  by inserting in paragraph (5) (c) "with the consent in writing of the
person who applied for the examination," before "conclude";

   (e)  by omitting subsection (8) and substituting the following subsection:

"(8) The examinee may be represented at the examination by counsel or a
solicitor, who may re-examine the examinee after he or she has been

   (f)  by omitting from subsections (9), (11), (12) and (20) "bankrupt"
        (wherever occurring) and substituting "examinee";

   (g)  by inserting after subsection (11) the following subsection:

"(11A) Notwithstanding section (11), if the examinee has been discharged from
the bankruptcy, a question about a matter or thing arising or occurring after
the discharge shall not be put, or allowed to be put, to the examinee unless
the question is about a matter or thing connected with the administration of
the examinee's estate.";

   (h)  by inserting after subsection (12) the following subsections:

"(13) The Court, the Registrar or the magistrate may direct the examinee to
produce at the examination specified books, or specified classes of books,
that are in the possession of the examinee and are relevant to matters about
which the examinee is being, or is to be, examined.

"(14) Without limiting the generality of subsection (13), a direction under
that subsection may relate to books of an associated entity of the examinee.";

   (j)  by omitting from subsection (18) "of the bankrupt under this section";

   (k)  by omitting from subsection (18) "bankrupt" (second occurring) and
        substituting "examinee".

(2) The amendments made by subsection (1) apply as provided in subsection 106

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback