76BSetting aside and termination of a composition or scheme of arrangement

76B  Setting aside and termination of a composition or scheme of arrangement   Sections 222 to 222D, 224 and 224A apply, with such modifications (if any) as are prescribed by the regulations, in relation to a composition or scheme of arrangement under this Division as if:  (a) the composition or scheme were a personal insolvency agreement executed by the debtor; and  (b) the trustee of the composition or scheme were the trustee of the personal insolvency agreement. Part V—Control over person and property of debtors and bankrupts 77  Duties of bankrupt as to discovery etc. of property  (1) A bankrupt shall, unless excused by the trustee or prevented by illness or other sufficient cause:  (a) forthwith after becoming a bankrupt, give to the trustee:  (i) all books (including books of an associated entity of the bankrupt) that are in the possession of the bankrupt and relate to any of his or her examinable affairs; and  (ii) any passport or document issued for the purposes of travel held by the bankrupt; and  (b) attend the trustee whenever the trustee reasonably requires; and  (ba) give such information about any of the bankrupt’s conduct and examinable affairs as the trustee requires; and  (bb) as soon as practicable after the later of the following times:  (i) the time the bankrupt’s statement of affairs was accepted under subsection 57B(1);  (ii) the time the bankrupt became a bankrupt;   advise the trustee of any material change that occurred between the time the statement was filed and the later of the times mentioned in subparagraph (i) or (ii); and  (bc) if a material change occurs at or after the later of the times mentioned in subparagraph (bb)(i) or (ii), advise the trustee of that change as soon as practicable after the change occurs; and  (c) attend a meeting of creditors whenever the trustee requires; and  (d) at each meeting of creditors at which the bankrupt is present, give such information about any of the bankrupt’s conduct and examinable affairs as the meeting requires; and  (e) execute such instruments and generally do all such acts and things in relation to his or her property and its realization as are required by this Act or by the trustee or as are ordered by the Court upon the application of the trustee; and  (f) disclose to the trustee, as soon as practicable, property that is acquired by him or her, or devolves on him or her, before his or her discharge, being property divisible amongst his or her creditors; and  (g) aid to the utmost of his or her power in the administration of his or her estate. material change means a change in the particulars contained in the bankrupt’s statement of affairs, where the change could reasonably be expected to be relevant to the administration of the bankrupt’s estate. 77AA  Access by Official Receiver and others to premises  (1) The Official Receiver, or an officer authorised in writing by the Official Receiver to exercise powers under this section, is entitled at all reasonable times to full and free access to all premises and books for any purpose of this Act, and for that purpose:  (a) may make copies of, or take extracts from, books; and  (b) may remove from premises any books that the Official Receiver or officer reasonably considers may be relevant to the examinable affairs of:  (i) a bankrupt whose affairs are being administered under Part IV; or  (ii) a person who is a party (as debtor) to a debt agreement; or  (iii) a debtor whose affairs are being administered under Part X; or  (iv) a deceased debtor whose affairs are being administered under Part XI or are subject to a debt agreement.  (1A) A registered trustee may accompany and assist the Official Receiver or an officer exercising powers under subsection (1) if:  (a) the Official Receiver has given written authority for the registered trustee to do so; and  (b) the exercise of the powers under subsection (1) relates to a bankrupt, debtor or deceased debtor whose affairs the registered trustee is administering.  (1B) The registered trustee may be accompanied by a person nominated by the registered trustee.  (1C) The Official Receiver or officer may remove books from premises only if the Official Receiver or officer reasonably considers that:  (a) it is not reasonably practicable to make copies of, or take extracts from, the books on the premises; or  (b) it would be an unreasonable intrusion on the affairs of the occupier of the premises to remain on the premises to make copies of, or take extracts from, the books.  (1D) If the Official Receiver or officer reasonably believes that any books are, or may be, relevant to the examinable affairs of a bankrupt, a person who is a party (as debtor) to a debt agreement, a debtor whose affairs are being administered under Part X or a deceased debtor whose affairs are being administered under Part XI, the Official Receiver or officer may keep the books until he or she decides that:  (a) he or she no longer needs the books; or  (b) the books are not relevant to the examinable affairs of any bankrupt, person who is a party (as debtor) to a debt agreement, debtor or deceased debtor.  (1E) While the Official Receiver or officer is keeping books, a person whose books they are, or from whose premises the books were taken, may inspect the books at any reasonable time.  (2) An officer is not entitled to enter or remain in or on any premises under this section if, on being requested by the occupier of the premises for proof of authority, the officer does not produce the officer’s authority under subsection (1).  (3) The occupier of any premises entered or proposed to be entered by the Official Receiver, or by an officer, under subsection (1) must provide the Official Receiver or officer with all reasonable facilities and assistance for the effective exercise of powers under this section. Penalty: 30 penalty units. 77A  Access by trustee to books of associated entity  (1) Where a trustee is conducting under section 19AA an investigation relating to a person (in this section called the bankrupt), subsections (2) and (3) of this section apply.  (2) For the purposes of the investigation, the a trustee may by writing require a person to produce:  (a) to a specified person, being the a trustee or another person; and  (b) at a specified place, and within a specified period or at a specified time on a specified day, being a place, and a period or a time and day, that are reasonable in the circumstances; specified books, or specified classes of books, that:  (c) are books of an associated entity of the bankrupt;  (d) are in the possession of the person of whom the requirement is made; and  (e) in the trustee’s opinion, are relevant to the investigation.  (3) Where the trustee requires a person (in this subsection called the relevant person) under this section to produce books to a specified person, the trustee or the specified person:  (a) if the books are so produced:  (i) may make copies of, or take extracts from, the books; and  (ii) may require the relevant person, or any other person who was a party to the compilation of the books, to explain to the best of his or her knowledge and belief any matter about the compilation of the books or to which the books relate; or  (b) in any other case—may require the relevant person to state, to the best of his or her knowledge or belief:  (i) where the books may be found; and  (ii) who last had possession, custody or control of the books and where that person may be found.  (4) The production of books under this section does not prejudice a lien that a person has on the books. 77C  Power of Official Receiver to obtain information and evidence  (1) The Official Receiver may, by written notice given to a person, require the person to do one or more of the following:  (a) give the Official Receiver information the Official Receiver requires for the purposes of the performance of the functions of the Official Receiver or a trustee under this Act;  (b) attend before the Official Receiver, or an officer authorised in writing by the Official Receiver to exercise powers under this paragraph, and do one or both of the following:  (i) give evidence relating to any matters connected with the performance of the functions of the Official Receiver or a trustee under this Act;  (ii) produce all books in the person’s possession relating to any matters connected with the performance of the functions of the Official Receiver or a trustee under this Act;  (c) produce all books in the person’s possession relating to any matters connected with the performance of the functions of the Official Receiver or a trustee under this Act. It does not matter whether or not the person is a bankrupt or is employed in or in connection with a Department, or an authority, of the Commonwealth or of a State or Territory.  (2) The Official Receiver or authorised officer may require the information or evidence to be given on oath, and either orally or in writing, and for that purpose may administer an oath.  (3) Notes taken down and signed by a person who attends before the Official Receiver or an authorised officer under paragraph (1)(b), and the transcript of the evidence given by the person at the attendance:  (a) may be used in evidence in any proceeding under this Act whether or not the person is a party to the proceeding; and  (b) may be inspected:  (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.