Registered trustee to remedy failure to lodge documents or give information or documents
40-5 Registered trustee to remedy failure to lodge documents or give information or documents
Application of this section
This section applies if a registered trustee fails to comply with a requirement to lodge any document, or give any information or document, that the trustee is required under this Act to lodge with or give to the Inspector‑General.
Inspector‑General may give direction to comply
The Inspector‑General may, in writing, direct the trustee to comply with the requirement within 10 business days after the notice is given.
The Inspector‑General may, on the application of a registered trustee made before the end of the period referred to in subsection (2), extend, or further extend, that period.
Consequences for failing to comply
If the trustee does not comply within the period, the Inspector‑General may do either or both of the following:
give a direction under subsection 40‑15(1) (direction not to accept further appointments);
apply to the Court for an order, under section 30 (general powers of Courts in bankruptcy), section 45‑1 of this Schedule or any other provision that is relevant, directing the trustee to comply with the requirement within such time as is specified in the order.
Direction is not a legislative instrument
A direction under subsection (2) is not a legislative instrument.
Relationship with other laws
Nothing in this section limits the operation of any other provision of this Act, or any other law, in relation to a person who fails to comply with a requirement to lodge a document with, or give information or a document to, the Inspector‑General.
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