Section 17

Where the court makes a receiving order, it shall hold a public sitting on a day to be appointed by the court for the examination of the debtor, and the debtor shall attend thereat, and shall be examined as to his conduct, dealing and property.

The examination shall be held as soon as possible after the expiration of the time for the submission of the debtor’s statement of affairs and after the first meeting of creditors.

The court may adjourn the examination from time to time.

Any creditor who has tendered a proof, or his representative authorised in writing, may question the debtor concerning his affairs and the causes of his failure.

The Official Assignee shall take part in the examination of the debtor, and for the purpose thereof may, if specially authorised by the Minister, employ a solicitor, with or without counsel, but no solicitor or counsel shall be allowed to take part in the examination on behalf of the debtor.

The court may put such questions to the debtor as it thinks expedient.

The debtor shall be examined upon oath, and it shall be his duty to answer all such questions as the court puts or allows to be put to him.

Such notes of the examination as the court thinks proper shall be taken down in writing by the Registrar and shall be read over to and signed by the debtor, and may thereafter be used in evidence against him, and shall be open to the inspection of any creditor at all reasonable times.

When the court is of opinion that the affairs of the debtor have been sufficiently investigated, it shall, by order, declare that his examination is concluded, but that order shall not preclude the court from directing a further examination of the debtor as to his conduct, dealings and property whenever it sees fit to do so.

The Registrar may, under the general or special directions of the court, hold the public examination of debtors but the examination may at any time be adjourned by him to be heard before the court.