Document ID: chunk:federal_register_of_legislation:C2004C00357:clause:3_123
Version: federal_register_of_legislation:C2004C00357
Segment Type: clause
Provision Reference: sch 3 cl 123
Character Range: 63686–65402

123  Duties etc. of trustee

 (1) Section 19 of the Principal Act is amended:
 (a) by omitting from subsection (1) "Official Receiver" and substituting "trustee";
 (b) by omitting paragraph (1)(c) and substituting the following paragraph:
 (c) if the trustee, having regard to all the circumstances of the case, considers it desirable to do so, to investigate:
 (i) the conduct, dealings, and transactions of the bankrupt;
 (ii) the cause of bankruptcy; and
 (iii) the books, accounts and records kept by the bankrupt,
  and, if he conducts such an investigation, to file with the Registrar a report showing the result of the investigation;
 (c) by omitting from paragraph (1)(d) "an officer, or other person authorized in writing by the Official Receiver," and substituting "a person authorized in writing by the trustee";
 (d) by omitting paragraph (1)(g) and substituting the following paragraph:
 (g) if an investigation referred to in paragraph (c) is made in relation to the bankrupt, to file from time to time such supplementary reports in relation to the matters specified in that paragraph as the trustee considers desirable, having regard to all the circumstances of the case.; and
 (e) by omitting from subsection (2) "Official Receiver" and substituting "trustee".

 (2) The amendments of section 19 of the Principal Act made by subsection (1) of this section apply in relation to:
 (a) the estate of a person who becomes a bankrupt after the commencement of this section; and
 (b) the estate of a person who became a bankrupt before the commencement of this section and in relation to whom a report has not been furnished under section 19 of the Principal Act before the commencement of this section.