Document ID: chunk:federal_register_of_legislation:F2022C00672:body:0:p56
Version: federal_register_of_legislation:F2022C00672
Segment Type: other
Provision Reference: 
Character Range: 139390–142203

or supported.
Note: This section does not exclude the need for the Inspector‑General to provide procedural fairness when conducting the review.

90‑60  Non‑compliance with directions
 (1) If a person to whom the Inspector‑General gives a direction under subsection 90‑55(3) does not comply with the direction, the Inspector‑General may conduct the review on the basis of the information available to the Inspector‑General.
 (2) If the trustee does not comply with a direction of the Inspector‑General under paragraph 90‑55(3)(d), (h) or (l), the Inspector‑General may direct that the trustee is not entitled to the remuneration, or part of the remuneration, that is the subject of the review.
 (3) If a third party does not comply with a direction of the Inspector‑General under paragraph 90‑55(3)(e), the Inspector‑General may order that the trustee may declare and distribute a final dividend in the administration of the regulated debtor's estate without regard to any claim of the third party.
 (4) If the Inspector‑General makes an order under subsection (3), the estate of the regulated debtor has no liability to the third party for the bill of costs that is the subject of the review.

90‑65  Decision of Inspector‑General on review
 (1) The Inspector‑General must complete, and make a decision on, the review:
 (a) if the review was conducted on application—within 60 days after the day the Inspector‑General accepts the application; or
 (b) if the review was conducted on his or her own initiative—within 60 days after commencing the review.
 (2) The Inspector‑General may decide to:
 (a) affirm the amount claimed by the trustee or the person who provided services in relation to the administration of the regulated debtor's estate (a third party); or
 (b) disallow all or part of the trustee's claim for remuneration and substitute another amount for the amount claimed; or
 (c) disallow all or part of the third party's bill of costs and substitute another amount for the amount claimed.
 (3) If the Inspector‑General is satisfied that a withdrawal by the trustee of funds from the regulated debtor's estate for payment of the trustee's remuneration exceeds the amount of remuneration the trustee is entitled to under the Act, the Inspector‑General may require the trustee to repay the excess to the estate.
 (4) When the Inspector‑General makes his or her decision, the Inspector‑General must prepare a written statement that:
 (a) sets out the decision of the Inspector‑General; and
 (b) sets out the reasons for the decision; and
 (c) sets out the findings on any material questions of fact; and
 (d) refers to evidence or other material on which the findings of fact are based; and
 (e) sets out the effect, in relation to the Inspector‑General's decision, of:
 (i) if the decision is in relation