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(i) by the person, without fee; and
(ii) if the notes and evidence relate to matters concerning the bankruptcy of the person or of another person — by the trustee and a person who states in writing that he or she is a creditor, without fee; and
(iii) by any other person on payment of the fee determined by the Minister by legislative instrument.
77CA Power of Official Receiver to obtain statement of affairs
The Official Receiver may, by written notice given to a bankrupt, require the bankrupt to give the Official Receiver a statement of the bankrupt’s affairs within 14 days after receiving the notice.
Note 1: Section 6A sets out requirements for statements of affairs.
Note 2: A failure to comply with the notice is an offence: see section 267B.
77D Allowances and expenses in respect of attendance
(1) Subject to this section, a person who attends before the Official Receiver, or before an authorised officer, under subsection 77C(1) is entitled:
(a) to be paid by the Official Receiver an allowance of $20 in respect of each day or part of a day on which the person so attends; and
(b) to be reimbursed by the Official Receiver any reasonable expenses incurred by the person for transport, meals and accommodation in connection with the person’s attendance.
(2) A person who is or has been a bankrupt is not entitled to be paid an allowance, or reimbursed any expenses, in respect of the attendance of that person to give evidence or produce books relating to his or her bankruptcy.
(3) A person is not entitled to be reimbursed any expenses unless the person produces to the Official Receiver sufficient documentary evidence to establish that the person incurred those expenses.
(4) This section has effect subject to section 304A.
77E Advance on account of allowances and expenses
(1) If a person who is required by a notice under subsection 77C(1) to attend before the Official Receiver or an authorised officer is entitled under subsection 77D(1) to be paid an allowance and to be reimbursed expenses in respect of the attendance, the Official Receiver must, before the person begins to travel for the purpose of so attending, offer to the person, on account of the allowance and reimbursement of expenses, an advance determined under this section.
(2) If the Official Receiver is satisfied that it will be necessary for the person to travel by aircraft from the person’s principal place of residence to the place at which the person is required to attend, the advance is to be an amount equal to the sum of $20 and the ordinary one-way economy class airfare from the airport nearest to that principal place of residence to the airport nearest to the place at which the person is required to attend.
(3) If the person will be travelling by private motor vehicle, the advance is to be the sum of $20 and whichever is the lesser of the following amounts:
(a) an amount prescribed by the regulations;
(b) if there is an airport open to civilian passenger traffic that is within a radius of 100 kilometres from the person’s principal place of residence — the ordinary one-way economy class airfare from that airport to the airport nearest to the place at which the person is required to attend.
(4) If the person will be travelling otherwise than as mentioned in subsections (2) and (3), the advance is to be:
(a) if the distance between the person’s principal place of residence and the place at which the person is required to attend exceeds 50 kilometres — $10 plus such additional amount (if any) as is prescribed by the regulations; or
(b) in any other case — $10.
(5) The regulations may prescribe different amounts in respect of different distances and different means of travel.
(6) This section has effect subject to section 304A.
77F Allowances and expenses to be paid out of bankrupt’s estate
[see Table B]
If the evidence that a person gives, or the books that a person produces, under section 77C, relate to matters concerning the bankruptcy of a particular person, any amount payable to the first-mentioned person under section 77D or 77E is to be paid out of the estate of the bankrupt as an expense of the administration of the bankruptcy.
78 Arrest of debtor or bankrupt
(1) Where it is made to appear to the Court:
(a) that a debtor against whom a bankruptcy notice has been issued or a petition has been presented has absconded, or is about to abscond, with a view to avoiding payment of his or her debts or to preventing or delaying proceedings against him or her under this Act;
(b) that a debtor against whom a bankruptcy notice has been issued or a petition has been presented has concealed or removed, or is about to conceal or remove, any of his or her property with a view to preventing or delaying possession of it being taken under this Act in the event of his or her becoming a bankrupt;
(c) that a debtor against whom a bankruptcy notice has been issued or a petition has been presented has destroyed, concealed or removed, or is about to destroy, conceal or remove, books (including books of an associated entity of the debtor) relating to any of the debtor’s examinable affairs;
(d) that a bankrupt has concealed, or, without the permission of the trustee, has removed, any of the property of the bankrupt; or
(f) that a bankrupt has, without good cause shown, neglected or failed to comply with an order of the Court or with any other obligation under this Act;
the Court may issue a warrant for the arrest of the debtor or bankrupt, as the case may be, and his or her committal to such gaol as the Court appoints until the Court otherwise orders and may, by the same warrant, order that any property and books in the possession of the debtor or bankrupt be seized and delivered into the custody of such person as the Court appoints.
(2) Any property and books delivered into the custody of a person in pursuance of an order under subsection (1) shall be retained by him or her until the Court makes an order as to their disposal.
(3) Paragraphs (1) (a), (b) and (c) apply in relation to a debtor whether or not he or she has become a bankrupt and whether, in the case of a debtor against whom a petition has been presented, the petition was a creditor’s petition or a debtor’s petition.
80 Notification of change in name, address or day-time telephone number
(1) If during a bankruptcy a change occurs in the bankrupt’s name or in the address of the bankrupt’s principal place of residence, the bankrupt must immediately tell the trustee in writing of the change.
Penalty: Imprisonment for 6 months.
(1A) Subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(2) For the purposes of subsection (1), a change in the name of a bankrupt shall be deemed to occur if the bankrupt in fact assumes the use of a different name or an additional name.
81 Discovery of bankrupt’s property etc. [see Table B]
(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