Section 149P — Bankruptcy Act 1966: Inspector-General to notify bankrupt and trustee of decision
Text of the provision Official document
(1) If the Inspector-General: (a) reviews a decision; or (b) refuses a request by a bankrupt for a review of a decision; the Inspector-General must give written notice to the bankrupt, to the trustee and to the Official Receiver, of the Inspector-General’s decision on the review or on the request, as the case may be. (2) The notice must: (a) set out the decision; and (b) refer to the evidence or other material on which the decision was based; and (c) give the reasons for the decision. (3) In the case of a decision reviewing the decision to file a notice of objection, the notice must also include a statement to the effect that, if the bankrupt, or the trustee, is dissatisfied with the Inspector-General’s decision, application may, subject to the Administrative Review Tribunal Act 2024, be made to the Administrative Review Tribunal for review of the decision. (4) In the case of a decision refusing a request to review the decision to file a notice of objection, the notice to the bankrupt must also include a statement to the effect that, if the bankrupt is dissatisfied with the Inspector-General’s decision, application may, subject to the Administrative Review Tribunal Act 2024, be made to the Administrative Review Tribunal for a review of the decision. (5) A contravention of subsection (3) or (4) in relation to a decision does not affect the validity of the decision. (6) If, within 60 days after lodgment of a request by a bankrupt for the review of the trustee’s decision to file a notice of objection, the Inspector-General has not given written notice to the bankrupt of his or her decision in accordance with subsection (1), the Inspector-General is taken to have reviewed the decision and confirmed it under subsection 149N(3).
Official source: Federal Register of Legislation
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