Bankruptcy (Inspector-General) Regulations (Cth)

STATUTORY RULES.

1928. No. 64.

REGULATIONS UNDER THE BANKRUPTCY ACT 1924-1927.

I, THE DEPUTY OF THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Bankruptcy Act 1924-1927, to come into operation on the date of the commencement of the Bankruptcy Act 1924.

Dated the twenty-fifth day of July, 1928.

D. R. S. De CHAIR

Deputy of the Governor-General.

By His Excellency’s Command,

J. G. LATHAM

Attorney-General.

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Bankruptcy (Inspector-General) Regulations.

Short title.

1. These Regulations may be cited as the Bankruptcy (Inspector-General) Regulations.

Definitions.

2. In these Regulations, unless the contrary intention appears—

“non-salaried official receiver” means an official receiver remunerated by fees and commission only;

“the Act” means the Bankruptcy Act 1924-1927, as amended from time to time;

“the Inspector-General” means the Inspector-General in Bankruptcy;

“the Permanent Head” means the Permanent Head of the Attorney-General’s Department.

Duties of Inspector-General.

3. The Inspector-General shall—

(a)(i) make such inquiries and investigations as the Attorney-General directs; and

(ii) submit, through the Permanent Head, to the Attorney-General, a report as to the progress or result of the inquiry or investigation together with any recommendation the Inspector-General thinks fit;

(b)consider all returns made in pursuance of section 17 of the Act, and prepare the records required by that section;

(c) (i) obtain from time to time from Registrars and such officers as he considers necessary reports as to the operation of the Act; and

(ii) supply to the Registrars the necessary forms of returns required to be made in accordance with the Rules, or which he deems necessary;

1105.—Price 3d.

(d)visit periodically the central offices of the several Bankruptcy Districts and examine generally the records of the proceedings in the several Districts and shall, whenever he deems it necessary, examine the work of any Registrar, Deputy Registrar or Official Receiver, in any Bankruptcy District;

(e) recommend to the Permanent Head such steps as he considers necessary to secure uniformity in connexion with the administration of the Act and bankruptcy practice throughout the Commonwealth;

(f) make recommendations to the Attorney-General, through the Permanent Head, in respect of the institution of proceedings for breaches of the provisions of the Act or the Rules or Regulations thereunder;

(g)report to the Attorney-General, through the Permanent Head, any offence against the Act or any offence, arising out of or connected with any bankruptcy proceedings, for which the Court has committed any bankrupt for trial and exercise in relation thereto such powers as are delegated to him by the Attorney-General;

(h)arrange with the Auditor-General, whenever he thinks fit to institute a special audit of the accounts of any Official Receiver or Trustee, or of the books and accounts relating to the estate of any bankrupt or debtor;

(i) make to the Permanent Head any recommendations as to any amendment of the Act or the Rules or Regulations thereunder, which he thinks desirable;

(j) confer with State authorities as to accommodation for bankruptcy business and as to the services of State officers in connexion with the transaction of bankruptcy business;

(k) make recommendations for the organization of the bankruptcy administration in any Territory to which the Act is applied;

(l) examine all securities entered into by non-salaried Official Receivers and Trustees under section 128 of the Act and the Rules;

(m) prepare Estimates of Revenue and Expenditure of the Bankruptcy Districts for each ensuing financial year;

(n) examine in the first instance all requisitions over Ten pounds sterling for supplies of stationery, forms and furniture for use in any Bankruptcy District; and

(o) report to the Permanent Head on all matters relating to appointments, transfers, promotions, salaries and leave of absence of officers of the Bankruptcy Districts, and make recommendations for the conduct of bankruptcy business in the absence of Registrars on leave or absent through illness or any other cause.

Powers of Inspector-General.

4. The Inspector-General may—

(a) require the production of any books or accounts kept by any Registrar or Official Receiver;

 

(b)inspect the office practices obtaining in the offices of Registrars and Official Receivers, and with a view to efficiency and uniformity recommend to the Permanent Head alterations in any such systems;

(c) examine from time to time “The Bankruptcy Estates Account” and “Bankruptcy Suitors Fund” and report to the Court any contravention of the Act by any person in relation to those accounts;

(d)at any time require any Official Receiver or Trustee to answer any inquiry made to him in relation to any bankruptcy estate or assignment in which the Official Receiver or Trustee is engaged and apply to the Court to examine upon oath the Official Receiver, Trustee or any other person concerning such bankruptcy or assignment and may also investigate personally or by deputy the books and vouchers of any Official Receiver or Trustee at any time; and

(e) require the Registrar to have an audit made as to any estate being administered by a Trustee in bankruptcy.

 

By Authority: H. J. Green, Government Printer, Canberra.