Commonwealth Consolidated Acts

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BANKRUPTCY ACT 1966 - SECT 149P

Inspector - General to notify bankrupt and trustee of decision

  (1)   If the Inspector - General:

  (a)   reviews a decision; or

  (b)   refuses a request by a bankrupt for a review of a decision;

the Inspector - General must give written notice to the bankrupt, to the trustee and to the Official Receiver, of the Inspector - General's decision on the review or on the request, as the case may be.

  (2)   The notice must:

  (a)   set out the decision; and

  (b)   refer to the evidence or other material on which the decision was based; and

  (c)   give the reasons for the decision.

  (3)   In the case of a decision reviewing the decision to file a notice of objection, the notice must also include a statement to the effect that, if the bankrupt, or the trustee, is dissatisfied with the Inspector - General's decision, application may, subject to the Administrative Appeals Tribunal Act 1975 , be made to the Administrative Appeals Tribunal for review of the decision.

  (4)   In the case of a decision refusing a request to review the decision to file a notice of objection, the notice to the bankrupt must also include a statement to the effect that, if the bankrupt is dissatisfied with the Inspector - General's decision, application may, subject to the Administrative Appeals Tribunal Act 1975 , be made to the Administrative Appeals Tribunal for a review of the decision.

  (5)   A contravention of subsection   (3) or (4) in relation to a decision does not affect the validity of the decision.

  (6)   If, within 60 days after lodgment of a request by a bankrupt for the review of the trustee's decision to file a notice of objection, the Inspector - General has not given written notice to the bankrupt of his or her decision in accordance with subsection   (1), the Inspector - General is taken to have reviewed the decision and confirmed it under subsection   149N(3).



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