Commonwealth Numbered Acts

BANKRUPTCY AMENDMENT ACT 1987 No. 119 of 1987 - SECT 60

60. (1) After Division 4 of Part VIII of the Principal Act the following
Division is inserted:

"Division 4A-Examination of Trustees and Other Persons Application for person
to be examined

"179A. Where a person (in this Division called the 'relevant trustee') is or
has been a trustee of a bankrupt's estate:

   (a)  the Inspector-General;

   (b)  a person authorised in writing by the Inspector-General to make the
        application; or

   (c)  a person (in this Division called a 'creditor') who has or had a debt
        provable in a bankruptcy of a person, being a bankruptcy
        in relation to which the relevant trustee is or has been a trustee of
        the person's estate; may at any time apply to the Registrar for a
        person to be examined about examinable matters in relation to the
        relevant trustee. Registrar may summon trustee or other person

"179B. (1) On an application under section 179A, the Registrar may summon:

   (a)  in any case-the relevant trustee;

   (b)  if the relevant trustee is the Official Trustee-the Official Receiver;

   (c)  in any case-a person who may be able to give information about
        examinable matters in relation to the relevant trustee; or

   (d)  if books relating to examinable matters in relation to the relevant
        trustee are reasonably suspected to be in the possession of a
        person-that person; to attend before the Registrar 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, to be examined on
        oath under this Division about examinable matters in relation to the
        relevant trustee.

"(2) Before summoning a person on an application under section 179A by a
creditor, the Registrar may impose on the applicant such terms as to costs as
the Registrar thinks fit. Content of summons

"179C. (1) A summons under section 179B shall specify the bankruptcies to
which the examination will in the first instance relate, but nothing in such a
summons limits:

   (a)  the questions that may be put, or may be allowed to be put, at the
        examination; or

   (b)  the books that may be required to be produced at the examination.

"(2) A summons to a person under section 179B may require the person to
produce at the examination books that are in the possession of the person and
relate to examinable matters in relation to the relevant trustee. Holding of
examination

"179D. (1) The Registrar may direct that an examination, or part of an
examination, under this Division be held in public or be held in private.

"(2) The Registrar may, at any time, adjourn an examination under this
Division either to a fixed date or generally, or conclude the examination.
Further hearing before the Court

"179E. (1) The Registrar may at any time adjourn an examination under this
Division for further hearing before the Court and may, after so adjourning the
examination, submit to the Court such report about the examination as the
Registrar thinks fit.

"(2) Where an examination under this Division is adjourned for further hearing
before the Court, the Court may:

   (a)  continue the examination;

   (b)  at any time direct the examination to be continued before the
        Registrar; or

   (c)  make such other order as it thinks appropriate in the circumstances.
        Legal representation at examination

"179F. (1) A person summoned for examination under this Division is entitled
to be represented, on the examination, by counsel or a solicitor, who may
re-examine the person after his or her examination.

"(2) Where a person is summoned for examination under this Division:

   (a)  the Inspector-General;

   (b)  a person authorised in writing by the Inspector-General to take part
        in the examination; or

   (c)  a creditor; may take part in the examination and may, for that
        purpose, be represented by counsel or a solicitor or by an agent
        authorised in writing for the purpose. Questions put at examination

"179G. (1) The Registrar or the Court, as the case requires, may put, or allow
to be put, to a person being examined under this Division such questions as
are relevant to examinable matters in relation to the relevant trustee and as
the Registrar or the Court, as the case may be, thinks appropriate.

"(2) A question proposed to be put at an examination under this Division is
not irrelevant to an examinable matter in relation to the relevant trustee
merely because the question relates to:

   (a)  examinable matters in relation to a person (other than the relevant
        trustee) who is or has been a trustee of a bankrupt's estate; or

   (b)  examinable matters in relation to a person (other than the relevant
        trustee) who is or has been the controlling trustee, within the
        meaning of Part X, in relation to a debtor.

"(3) A person being examined under this Division shall answer all questions
that the Registrar or the Court puts, or allows to be put, to the person.
Production of books

"179H. The Registrar or the Court, as the case requires, may require a person
who is being examined under this Division to produce at the examination
specified books, or specified classes of books, that are in the possession of
the person and relate to examinable matters in relation to the relevant
trustee. Costs of examination

"179J. (1) The Registrar or the Court, as the case requires, may direct that
some or all of the costs of a person examined under this Division shall be
paid: (a) out of an estate of a bankrupt, being an estate of which the
relevant trustee is or has been a trustee; or

   (b)  by the relevant trustee personally.

"(2) Where it is directed under subsection (1) that costs be paid by the
relevant trustee personally, the relevant trustee is not entitled to be
reimbursed out of a bankrupt's estate in respect of those costs. Notes of
examination

"179K. (1) The Registrar or the Court, as the case requires, may cause to be
taken down in writing such notes of the examination of a person under this
Division as the Registrar or the Court, as the case may be, thinks
appropriate, and the person shall sign the notes.

"(2) The power conferred on the Registrar or the Court by subsection (1) is in
addition to his, her or its powers under section 255.

"(3) Notes taken down and signed by a person under subsection (1), and the
transcript of evidence given in the examination of a person under this
Division (being a transcript certified, or certified, signed and sealed, under
section 255):

   (a)  may be used in evidence in any proceedings under this Act in which the
        person is a party; and

   (b)  shall be open to inspection:

        (i)    by the person, the relevant trustee, a creditor, the
               Inspector-General, or a person authorised in writing by the
               Inspector-General for the purpose, without fee; and

        (ii)   by any other person on payment of the prescribed fee.".

(2) The Division inserted in the Principal Act by subsection (1) applies:

   (a)  in relation to a person who is or has been (whether before or after
        the commencement of this section) a trustee of a bankrupt's estate;
        and

   (b)  in relation to acts or omissions whenever done or omitted.