Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BANKRUPTCY ACT 1966 - SECT 139ZIS

Inspector - General to notify bankrupt and trustee of decision

  (1)   If the Inspector - General:

  (a)   reviews a reviewable decision; or

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

the Inspector - General must give written notice to:

  (c)   the bankrupt; and

  (d)   the trustee;

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)   give the reasons for the decision.

Notification of right of review by ART

  (3)   In the case of a decision on the review of a reviewable decision, 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 Review Tribunal Act 2024 , be made to the Administrative Review Tribunal for review of the decision.

  (4)   In the case of a decision refusing a request to review a reviewable decision, 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 Review Tribunal Act 2024 , be made to the Administrative Review Tribunal for a review of the decision.

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

Inspector - General taken to have reviewed and confirmed decision

  (6)   If, within 60 days after lodgment of a request by a bankrupt for the review of a reviewable decision, 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 trustee's decision and confirmed it under paragraph   139ZIR(1)(a).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback