Official Receiver

The Official Receiver has a supervisory role under the Bankruptcy Act and is a public officer under the employ of the Inspector General in Bankruptcy of Insolvency Trustee Service Australia. The Official Receiver must also maintain the National Personal Insolvency Index (NPII).

The Official Receiver is also empowered to accept or reject a debtors’ petition for bankruptcy.

Furthermore, the Official Receiver is empowered to issue notices under the Bankruptcy Act on behalf of Registered Trustees.  Such notices include:

• 77AA access to premises
• 77C notice that require the production of records
• 139ZQ notice to recover property

77AA – Access by the Official Receiver

The Official Receiver has the power to access premises to obtain books and records and can makes copies, take extracts or remove books and records that the Official Receiver considers relevant to the examinable affairs of the bankrupt.

If a Registered Trustee wishes to invoke this power the Registered Trustee must be accompanied by the Official Receiver.

77C – Notice that require production of records

The Official Receiver has the power to issue a notice to any person relevant to the investigation of a bankrupt estate to:

• Deliver up information (books and records) relevant to the investigation of the bankrupt estate
• Attend the offices of the Official Receiver to give evidence under oath (either orally or in writing) regarding the investigation of the bankrupt estate

The evidence obtained by the Official Receiver on oath can be used in proceedings under the Bankruptcy Act.

139ZQ – Notice to recover property

If a person has received money from a bankrupt that is considered to be recoverable under the Bankruptcy Act then the Official Receiver may issue a notice demanding that the money be repaid or for the property to be transferred to the Registered Trustee within a specified period of time.