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BANKRUPTCY ACT 1966 - SECT 139ZIO Inspector - General may review trustee's decision

BANKRUPTCY ACT 1966 - SECT 139ZIO

Inspector - General may review trustee's decision

Reviewable decisions

  (1)   The Inspector - General may review a reviewable decision:

  (a)   on the Inspector - General's own initiative; or

  (b)   if requested to do so by the bankrupt for reasons that appear to the Inspector - General to be sufficient to justify doing so.

  (2)   Subject to subsection   (2A), the Inspector - General must review a reviewable decision if requested to do so by the Ombudsman.

Interaction with Insolvency Practice Rules

  (2A)   The Inspector - General may refuse to review a reviewable decision if the Court is exercising powers, under section   45 - 1, 90 - 5, 90 - 10 or 90 - 15 of Schedule   2, in relation to the decision.

  (2B)   If:

  (a)   the Inspector - General is reviewing a reviewable decision; and

  (b)   the Court begins to exercise powers, under section   45 - 1, 90 - 5, 90 - 10 or 90 - 15 of Schedule   2, in relation to the decision;

the period referred to in subsection   (5) of this section is extended by one day for each day during the period:

  (c)   beginning when the Court begins to exercise powers as referred to in paragraph   (b); and

  (d)   ending when the Court ceases to exercise those powers.

Request by bankrupt

  (3)   A request by the bankrupt to the Inspector - General for the review of a reviewable decision must:

  (a)   be in writing and given to the Inspector - General not later than 60 days after the day on which the decision first came to the notice of the bankrupt; and

  (b)   be accompanied by:

  (i)   a copy of any relevant documents issued or given by the trustee under this Subdivision; and

  (ii)   any other documents on which the bankrupt relies in support of the request.

Time limit for review

  (5)   Within 60 days after the request is received, the Inspector - General must:

  (a)   decide whether to review the decision; and

  (b)   if the Inspector - General decides to review the decision--make his or her decision on the review.