s 39 General functions, duties and powers of trustee in bankruptcy
39.—(1) Subject to subsection (3) and section 42, a trustee in bankruptcy —(a) has all the functions and duties of the Official Assignee in relation to the conduct of the bankrupt in question and the administration of the bankrupt’s estate as provided in this Act; and (b) may exercise all or any of the powers of the Official Assignee in relation to the bankrupt and the bankrupt’s estate. (2) Unless the context otherwise requires, any reference in this Act to the Official Assignee includes a reference to a trustee in bankruptcy. (3) Sections 20, 25, 34(3) and (4), 334, 358, 379, 382, 384, 393, 395, 403 and 436 do not apply to a trustee in bankruptcy, and section 378(a), (c), (f), (h) and (i) does not apply to a trustee in bankruptcy except with the consent of the Court, the creditors’ committee or, if there is no creditors’ committee, the Official Assignee.