Document ID: chunk:federal_register_of_legislation:C2016A00011:schedule:2:p40
Version: federal_register_of_legislation:C2016A00011
Segment Type: schedule
Provision Reference: sch 2 (pt 40/59)
Character Range: 109349–112072

if the trustee knows, or reasonably ought to know, that:
 (a) another person had a lien over the books before the trustee took possession of them; or
 (b) another person has a legal right to possession of the books; or
 (c) the trustee is not permitted to return the books to the regulated debtor or destroy them (as the case requires), because of another provision of this Act, or a provision of any other law.

Subdivision D—Giving information etc. to creditors and others

70‑37  Subdivision applies to the Official Trustee
  This Subdivision applies to the Official Trustee in the same way as it applies to the trustee of a regulated debtor's estate.

70‑40  Right of creditors to request information etc. from trustee
 (1) The creditors may by resolution request the trustee of a regulated debtor's estate to:
 (a) give information; or
 (b) provide a report; or
 (c) produce a document;
to the creditors.
 (2) The trustee must comply with the request unless:
 (a) the information, report or document is not relevant to the administration of the regulated debtor's estate; or
 (b) the trustee would breach his or her duties in relation to the administration of the regulated debtor's estate if the trustee complied with the request; or
 (c) it is otherwise not reasonable for the trustee to comply with the request.
 (3) The Insolvency Practice Rules may prescribe circumstances in which it is, or is not, reasonable for a trustee to comply with a request of a kind mentioned in subsection (1).

70‑45  Right of individual creditor to request information etc. from trustee
 (1) A creditor may request the trustee of a regulated debtor's estate to:
 (a) give information; or
 (b) provide a report; or
 (c) produce a document;
to the creditor.
 (2) The trustee must comply with the request unless:
 (a) the information, report or document is not relevant to the administration of the regulated debtor's estate; or
 (b) the trustee would breach his or her duties in relation to the administration of the regulated debtor's estate if the trustee complied with the request; or
 (c) it is otherwise not reasonable for the trustee to comply with the request.
 (3) The Insolvency Practice Rules may prescribe circumstances in which it is, or is not, reasonable for the trustee of a regulated debtor's estate to comply with a request of a kind mentioned in subsection (1).

70‑50  Reporting to creditors
 (1) The Insolvency Practice Rules may provide for and in relation to the obligations of trustees of regulated debtors' estates:
 (a) to give information; and
 (b) to provide reports; and
 (c) to produce documents;
to creditors or the regulated debtor.
 (2) Without limiting subsection (1), the Insolvency Practice Rules may