Document ID: chunk:federal_register_of_legislation:C2025C00167:section:81g
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 81G
Character Range: 261543–262949

81G  Effect of non‑compliance with notice
 (1) In this section:
relevant proceeding means a proceeding:
 (a) for the recovery of an amount payable by a bankrupt under section 139ZG; or
 (b) for the recovery of an amount payable by a person under section 139ZL; or
 (c) involving the question whether a transaction is void against the trustee under Division 3 of Part VI.
 (2) Subject to subsection (3), where a person refuses or fails to comply with a request or requirement set out in a notice given to the person under Division 1 or 2 to give any information or produce any books:
 (a) if the request or requirement applies to information—the information is not admissible in a relevant proceeding; or
 (b) if the request or requirement applies to books—neither the books, nor any secondary evidence of the books, is admissible in a relevant proceeding.
 (3) Subsection (2) does not apply to information or a book if the person proves that:
 (a) the information or book was not in the possession of the person when the notice was given; and
 (b) there were no reasonable steps that the person could have taken to obtain the information or book.
 (4) A notice given to a person under Division 1 or 2 must set out the effect of subsections (2) and (3).
 (5) A failure to comply with subsection (4) does not affect the validity of the notice.

Part VI—Administration of property

Division 1—Proof of debts