Commonwealth Numbered Acts

BANKRUPTCY AMENDMENT ACT 1987 No. 119 of 1987 - SECT 35

35. (1) After section 77 of the Principal Act the following section is
inserted: Access by trustee or Official Receiver to books of associated entity

"77A. (1) Where a person (in this section called the 'investigator') is
conducting under section 19AA an investigation relating to a person (in this
section called the 'bankrupt'), subsections (2) and (3) of this section apply.

"(2) For the purposes of the investigation, the investigator may by writing
require a person to produce:

   (a)  to a specified person, being the investigator or another person; and

   (b)  at a specified place, and within a specified period or at a specified
        time on a specified day, being a place, and a period or a time and
        day, that are reasonable in the circumstances; specified books, or
        specified classes of books, that:

   (c)  are books of an associated entity of the bankrupt;

   (d)  are in the possession of the person of whom the requirement is made;
        and

   (e)  in the investigator's opinion, are relevant to the investigation.

"(3) Where the investigator requires a person (in this subsection called the
'relevant person') under this section to produce books to a specified person,
the investigator or the specified person:

   (a)  if the books are so produced:

        (i)    may make copies of, or take extracts from, the books; and

        (ii)   may require the relevant person, or any other person who was a
               party to the compilation of the books, to explain to the best
               of his or her knowledge and belief any matter about the
               compilation of the books or to which the books relate; or

   (b)  in any other case-may require the relevant person to state, to the
        best of his or her knowledge or belief:

        (i)    where the books may be found; and

        (ii)   who last had possession, custody or control of the books and
               where that person may be found.

"(4) The production of books under this section does not prejudice a lien that
a person has on the books.".

(2) The section inserted in the Principal Act by subsection (1) applies as
provided in subsection 106 (1) of this Act.