Document ID: chunk:federal_register_of_legislation:C2025C00167:section:81:p1
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 81 (pt 1/3)
Character Range: 250191–252783

81  Discovery of bankrupt's property etc.
 (1) Where a person (in this section called the relevant person) becomes a bankrupt, the Court or a Registrar may at any time (whether before or after the end of the bankruptcy), on the application of:
 (a) a person (in this section called a creditor) who has or had a debt provable in the bankruptcy;
 (b) the trustee of the relevant person's estate; or
 (c) the Official Receiver;
summon the relevant person, or an examinable person in relation to the relevant person, for examination in relation to the bankruptcy.
 (1A) A summons to a person by the Court or the Registrar under subsection (1) shall require the person to attend:
 (a) at a specified place and at a specified time on a specified day, being a place, time and day that are reasonable in the circumstances; and
 (b) before the Court or the Registrar or, if the Court or the Registrar thinks fit, a magistrate;
to be examined on oath under this section about the relevant person and the relevant person's examinable affairs.
 (1B) A summons to a person under subsection (1) may require the person to produce at the examination books (including books of an associated entity of the relevant person) that:
 (a) are in the possession of the first‑mentioned person; and
 (b) relate to the relevant person or to any of the relevant person's examinable affairs.
 (1C) Before summoning a person on an application under subsection (1) by a creditor, the Court or the Registrar, as the case requires, may impose on the applicant such terms as to costs as it, or he or she, thinks fit.
 (2) An examination under this section shall be held in public.
 (3) The Court, the Registrar or a magistrate may at any time adjourn the examination of a person under this section either to a fixed date or generally, or conclude the examination.
 (4) The Registrar or a magistrate may at any time adjourn the examination of a person under this section for further hearing before the Court.
 (5) Where the examination is adjourned by the Registrar or a magistrate for further hearing before the Court, the Registrar or the magistrate, as the case may be, may submit to the Court such report with respect to the examination as he or she thinks fit.
 (6) Where the examination is adjourned for further hearing before the Court, the Court may:
 (a) continue the examination;
 (b) at any time direct that the examination be continued before the Registrar or a magistrate; or
 (c) make such other order as it thinks proper in the circumstances.
 (7) A person summoned to attend before the Court, the Registrar or a