Commonwealth Numbered Regulations

1996 No. 263 BANKRUPTCY REGULATIONS - REG 6.08

6.08. (1) This regulation is made under subsection 116 (8) of the Act.

(2) Where the bankrupt has an interest in a regulated superannuation fund or
an approved deposit fund of the kind referred to in that subsection, the
trustee of the bankrupt must give a request in writing to the trustee of the
fund to provide a written certificate setting out the following particulars:

   (a)  the withdrawal benefit of the bankrupt in the fund at the date of
        bankruptcy; and

   (b)  the amount of each payment (if any) that the fund has paid to the
        bankrupt, and the date of each payment.

(3) The trustee of a fund who receives a request under subregulation (2) must
sign and date a certificate setting out the requested particulars so far as it
is reasonably practicable to do so, and give it to the relevant trustee in
bankruptcy within 28 days of doing so or within any further period that the
relevant trustee allows.

(4) A document that purports, or appears to the court, to be a certificate
given under subregulation (3) is evidence of its contents and may be tendered
in evidence without being proved.