Effect of non‑compliance with notice
(1) In this section: relevant proceeding means a proceeding: (a) for the recovery of an amount payable by a bankrupt under section 139ZG; or (b) for the recovery of an amount payable by a person under section 139ZL; or (c) involving the question whether a transaction is void against the trustee under Division 3 of Part VI. (2) Subject to subsection (3), where a person refuses or fails to comply with a request or requirement set out in a notice given to the person under Division 1 or 2 to give any information or produce any books: (a) if the request or requirement applies to information—the information is not admissible in a relevant proceeding; or (b) if the request or requirement applies to books—neither the books, nor any secondary evidence of the books, is admissible in a relevant proceeding. (3) Subsection (2) does not apply to information or a book if the person proves that: (a) the information or book was not in the possession of the person when the notice was given; and (b) there were no reasonable steps that the person could have taken to obtain the information or book. (4) A notice given to a person under Division 1 or 2 must set out the effect of subsections (2) and (3). (5) A failure to comply with subsection (4) does not affect the validity of the notice.
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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