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BANKRUPTCY AMENDMENT ACT 1987 No. 119 of 1987 - SECT 38

Discovery of bankrupt's property etc.
38. (1) Section 81 of the Principal Act is amended:

   (a)  by omitting subsection (1) and substituting the following subsections:

"(1) Where a person (in this section called the 'relevant person') becomes a
bankrupt, the Court or the Registrar may at any time (whether before or after
the end of the bankruptcy), on the application of:

   (a)  a person (in this section called a 'creditor') who has or had a debt
        provable in the bankruptcy;

   (b)  the trustee of the relevant person's estate; or

   (c)  the Official Receiver;
summon the relevant person, or an examinable person in relation to the
relevant person, for examination in relation to the bankruptcy.

"(1A) A summons to a person by the Court or the Registrar under subsection (1)
shall require the person to attend:

   (a)  at a specified place and at a specified time on a specified day, being
        a place, time and day that are reasonable in the circumstances; and

   (b)  before the Court or the Registrar or, if the Court or the Registrar
        thinks fit, a magistrate;
to be examined on oath under this section about the relevant person and the
relevant person's examinable affairs.

"(1B) A summons to a person under subsection (1) may require the person to
produce at the examination books (including books of an associated entity of
the relevant person) that:

   (a)  are in the possession of the first-mentioned person; and

   (b)  relate to the relevant person or to any of the relevant person's
        examinable affairs.

"(1C) Before summoning a person on an application under subsection (1) by a
creditor, the Court or the Registrar, as the case requires, may impose on the
applicant such terms as to costs as it, or he or she, thinks fit.";

   (b)  by omitting from subsection (8) " The trustee or a creditor of the
        bankrupt" and substituting "Where a person is summoned for examination
        under this section, a creditor, the trustee or the Official Receiver";

   (c)  by omitting subsection (10) and substituting the following
        subsections:

"(10) The Court, the Registrar or the magistrate may put, or allow to be put,
to a person being examined under this section such questions about the
relevant person or any of the relevant person's examinable affairs as the
Court, the Registrar or the magistrate, as the case may be, thinks
appropriate.

"(10A) Notwithstanding subsection (10), where a person is being examined under
this section after the end of the bankruptcy, a question about a matter or
thing arising or occurring after the end of the bankruptcy shall not be put,
or allowed to be put, at the examination unless the question is about a matter
or thing connected with the administration of the relevant person's estate.";

   (d)  by inserting after subsection (11) the following subsections:

"(11A) The Court, the Registrar or the magistrate may direct a person who is
being examined under this section to produce at the examination specified
books, or specified classes of books, that are in the possession of the person
and are relevant to matters about which the person is being, or is to be,
examined.

"(11B) Without limiting the generality of subsection (11A), a direction under
that subsection may relate to books of an associated entity of the relevant
person.";

   (e)  by omitting from subsections (12) and (14) " bankrupt" (wherever
        occurring) and substituting "relevant person";

   (f)  by omitting from subsection (12) "who has proved his debt";

   (g)  by omitting subsection (13) and substituting the following subsection:

"(13) Where a person admits on examination under this section that there is in
the possession of the person property of the relevant person that is divisible
among creditors, the Court, the Registrar or the magistrate, as the case
requires, may, on the application of the trustee or a creditor, order the
first-mentioned person to deliver the property to the trustee within a
specified period, in a specified manner and on specified terms.";

   (h)  by omitting from subsection (17) (b) "bankrupt" (first occurring) and
        substituting "relevant person"; and

   (j)  by omitting from paragraph (17) (b) "of the bankrupt".

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


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