Commonwealth Numbered Acts

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BANKRUPTCY AMENDMENT ACT 1987 No. 119 of 1987 - SECT 47

47. (1) Section 130 of the Principal Act is repealed and the following section
is substituted: Warrant for seizure of property connected with bankrupt

"130. (1) The trustee of a bankrupt's estate may apply to a judge of the Court
or to a magistrate for the issue of a warrant under subsection (2) if the
trustee has reasonable grounds for suspecting that there is on or in any
premises property (in this section called 'relevant property'), being:

   (a)  any of the property of the bankrupt;

   (b)  property that may be connected with, or related to, the bankrupt's
        examinable affairs; or

   (c)  books (including books of an associated entity of the bankrupt)
        relevant to any of the bankrupt's examinable affairs.

"(2) On an application under subsection (1), the judge or magistrate may issue
a warrant authorising a constable, together with any other person named in the
warrant:

   (a)  to enter on or into the premises, using such force as is necessary for
        the purpose and is reasonable in the circumstances;

   (b)  to search the premises for relevant property;

   (c)  to break open, and search for relevant property, any cupboard, drawer,
        chest, trunk, box, package or other receptacle, whether a fixture or
        not, on or in the premises;

   (d)  to take possession of, or secure against interference, any relevant
        property found on or in the premises; and

   (e)  to deliver to the trustee, or to a person authorised in writing by the
        trustee for the purpose, any property of which possession is taken
        under the warrant.

"(3) A judge or magistrate shall not issue a warrant under subsection (2)
unless:

   (a)  an affidavit has been furnished to the judge or magistrate setting out
        the grounds on which the issue of the warrant is sought;

   (b)  the applicant for the warrant (or some other person) has given to the
        judge or magistrate, either orally or by affidavit, such further
        information (if any) as the judge or magistrate requires concerning
        the grounds on which the issue of the warrant is sought; and

   (c)  the judge or magistrate is satisfied that there are reasonable grounds
        for issuing the warrant.

"(4) Where a judge or magistrate issues a warrant under subsection (2), he or
she shall set out on the affidavit furnished in accordance with subsection
(3):

   (a)  on which of the grounds specified in the affidavit; and

   (b)  on which other grounds (if any); he or she has relied to justify the
        issue of the warrant.

"(5) A warrant under this section shall:

   (a)  state whether entry is authorised to be made at any time of the day or
        night or during specified hours of the day or night; and

   (b)  specify a day, not later than 7 days after the day of issue of the
        warrant, on which the warrant ceases to have effect.

"(6) Where, under this section, a person takes possession of property, or
secures property against interference, a person is not entitled, as against
the trustee, to claim a lien on the property, but such a lien is not otherwise
prejudiced.

"(7) Where, under this section, a person takes possession of books, or secures
books against interference, that person or any other person to whom the books
are delivered under paragraph (2) (e):

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

   (b)  may require a person who was a party to the compilation of the books
        to explain to the best of the person's knowledge and belief any matter
        about the compilation of the books or to which the books relate;

   (c)  may retain possession of the books for such period as is necessary to
        enable the books to be inspected, and copies of, or extracts from, the
        books to be made or taken, by or on behalf of the trustee; and

   (d)  during that period shall permit a person who would be entitled to
        inspect any one or more of those books if they were not in the
        possession of the first-mentioned person or the other person to
        inspect at all reasonable times such of those books as that person
        would be so entitled to inspect.

"(8) The powers conferred by this section are in addition to, and not in
derogation of, any other powers conferred by law.".

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

(3) Notwithstanding subsection (1), section 130 of the Principal Act continues
to apply in relation to a bankrupt in respect of a bankruptcy if the date of
the bankruptcy occurred before the commencement of this section. 


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