Section 139ZIO — Bankruptcy Act 1966 (Cth)

Reviewable decisions

(1) The Inspector‑General may review a reviewable decision:

(a) on the Inspector‑General’s own initiative; or

(b) if requested to do so by the bankrupt for reasons that appear to the Inspector‑General to be sufficient to justify doing so.

(2) Subject to subsection (2A), the Inspector‑General must review a reviewable decision if requested to do so by the Ombudsman.

Interaction with Insolvency Practice Rules

(2A) The Inspector‑General may refuse to review a reviewable decision if the Court is exercising powers, under section 45‑1, 90‑5, 90‑10 or 90‑15 of Schedule 2, in relation to the decision.

(2B) If:

(a) the Inspector‑General is reviewing a reviewable decision; and

(b) the Court begins to exercise powers, under section 45‑1, 90‑5, 90‑10 or 90‑15 of Schedule 2, in relation to the decision;

the period referred to in subsection (5) of this section is extended by one day for each day during the period:

(c) beginning when the Court begins to exercise powers as referred to in paragraph (b); and

(d) ending when the Court ceases to exercise those powers.

Request by bankrupt

(3) A request by the bankrupt to the Inspector‑General for the review of a reviewable decision must:

(a) be in writing and given to the Inspector‑General not later than 60 days after the day on which the decision first came to the notice of the bankrupt; and

(b) be accompanied by:

(i) a copy of any relevant documents issued or given by the trustee under this Subdivision; and

(ii) any other documents on which the bankrupt relies in support of the request.

Time limit for review

(5) Within 60 days after the request is received, the Inspector‑General must:

(a) decide whether to review the decision; and

(b) if the Inspector‑General decides to review the decision—make his or her decision on the review.

Related sections

• s 139ZIL — Discharge etc. of injunctions
• s 139ZIM — Certain limits on granting injunctions not to apply
• s 139ZIN — Other powers of the Court unaffected
• s 139ZIP — Inspector‑General may request further information
• s 139ZIR — Inspector‑General’s decision on review
• s 139ZIS — Inspector‑General to notify bankrupt and trustee of decision

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