Section 139ZIS — Bankruptcy Act 1966 (Cth)

(1) If the Inspector‑General:

(a) reviews a reviewable decision; or

(b) refuses a request by a bankrupt for a review of a reviewable decision;

the Inspector‑General must give written notice to:

(c) the bankrupt; and

(d) the trustee;

of the Inspector‑General’s decision on the review or on the request, as the case may be.

(2) The notice must:

(a) set out the decision; and

(b) give the reasons for the decision.

Notification of right of review by ART

(3) In the case of a decision on the review of a reviewable decision, the notice must also include a statement to the effect that, if the bankrupt or the trustee is dissatisfied with the Inspector‑General’s decision, application may, subject to the Administrative Review Tribunal Act 2024, be made to the Administrative Review Tribunal for review of the decision.

(4) In the case of a decision refusing a request to review a reviewable decision, the notice to the bankrupt must also include a statement to the effect that, if the bankrupt is dissatisfied with the Inspector‑General’s decision, application may, subject to the Administrative Review Tribunal Act 2024, be made to the Administrative Review Tribunal for a review of the decision.

(5) A breach of subsection (3) or (4) in relation to a decision does not affect the validity of the decision.

Inspector‑General taken to have reviewed and confirmed decision

(6) If, within 60 days after lodgment of a request by a bankrupt for the review of a reviewable decision, the Inspector‑General has not given written notice to the bankrupt of his or her decision in accordance with subsection (1), the Inspector‑General is taken to have reviewed the trustee’s decision and confirmed it under paragraph 139ZIR(1)(a).

Related sections

• s 139ZIO — Inspector‑General may review trustee’s decision
• s 139ZIP — Inspector‑General may request further information
• s 139ZIR — Inspector‑General’s decision on review
• s 139ZIT — ART review of decisions
• s 139ZJ — Definition
• s 139ZK — Persons to whom Subdivision applies

Research how courts apply s 139ZIS

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.