Section 81G — Bankruptcy Act 1966: 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.