Effect of non‑compliance with notice
81G Effect of non‑compliance with notice
In this section:
relevant proceeding means a proceeding:
for the recovery of an amount payable by a bankrupt under section 139ZG; or
for the recovery of an amount payable by a person under section 139ZL; or
involving the question whether a transaction is void against the trustee under Division 3 of Part VI.
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:
if the request or requirement applies to information—the information is not admissible in a relevant proceeding; or
if the request or requirement applies to books—neither the books, nor any secondary evidence of the books, is admissible in a relevant proceeding.
Subsection (2) does not apply to information or a book if the person proves that:
the information or book was not in the possession of the person when the notice was given; and
there were no reasonable steps that the person could have taken to obtain the information or book.
A notice given to a person under Division 1 or 2 must set out the effect of subsections (2) and (3).
A failure to comply with subsection (4) does not affect the validity of the notice.
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