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BANKRUPTCY AMENDMENT ACT 1987 No. 119 of 1987 - SECT 75

75. (1) After Division 2 of Part X of the Principal Act the following Division
is inserted:

"Division 2A-Examination of Controlling Trustees and Other Persons Application
for person to be examined

"212C. Where a person (in this Division called the 'relevant trustee') is or
has been the controlling trustee in relation to a debtor:

   (a)  the Inspector-General;

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

   (c)  a creditor (in this Division called a 'creditor') of a debtor in
        relation to whom the relevant trustee is or has been the controlling
        trustee; 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 controlling trustee or other person

"212D. (1) On an application under section 212C, 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 subsection (1) by a
creditor, the Registrar may impose on the applicant such terms as to costs as
the Registrar thinks fit. Content of summons

"212E. (1) A summons under section 212D shall specify the debtors to whom 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 212D 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. Application
of sections 179D to 179K

"212F. For the purposes of the examination under this Division of a person
summoned under section 212D, the provisions of sections 179D to 179K,
inclusive, apply, with the prescribed modifications (if any), as if:

   (a)  those provisions were provisions of this Division; and

   (b)  paragraph 179J (1) (a) were omitted and the following paragraph
        substituted:
'(a) out of money available for payment to creditors; or'.".

(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) the controlling trustee, within the
        meaning of Part X of the Bankruptcy Act 1966, in relation to a debtor
        whose property has become subject to control under Division 2 of that
        Part; and

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


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