Commonwealth Consolidated Acts Commonwealth Consolidated ActsAct No. 33 of 1966 as amended
This compilation was prepared on 30 January 2012
taking into account amendments up to Act No. 189 of 2011
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may
be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and
Publishing,
Attorney-General's Department, Canberra
Contents
Part I--Preliminary 1
1............ Short title [see Note 1] ........................................................................ 1
2............ Commencement [see Note 1] .............................................................. 1
4............ Repeal ................................................................................................. 1
Part IA--Interpretation 2
5............ Interpretation ....................................................................................... 2
5A......... Acting in accordance with a person's directions or instructions ........ 18
5B......... Associated entities: companies .......................................................... 18
5C......... Associated entities: natural persons ................................................... 19
5D......... Associated entities: partnerships ....................................................... 19
5E.......... Associated entities: trusts .................................................................. 20
5F.......... Controlling an entity in relation to a matter ........................................ 20
5G......... Financial affairs of a company .......................................................... 21
5H......... Financial affairs of a natural person .................................................. 22
5J.......... Financial affairs of a partnership ....................................................... 23
5K......... Financial affairs of a trust .................................................................. 23
6............ Meaning of intent to defraud creditors .............................................. 24
6A......... Statement of affairs for purposes other than Part XI ......................... 24
6B......... Provision of statement of affairs under Part XI and statement of administration of estate of deceased person 25
6C......... Interpretive provisions relating to proceeds of crime orders .............. 25
Part IB--Application of Act 27
7............ Application of Act ............................................................................. 27
7A......... Application of the Criminal Code ..................................................... 27
8............ Act to bind the Crown ....................................................................... 27
9............ Laws of States and Territories not affected by Act ............................ 28
Part II--Administration 29
Division 1--General 29
10.......... Delegation by Minister or Secretary .................................................. 29
11.......... Inspector-General in Bankruptcy ...................................................... 29
12.......... Functions of Inspector-General ......................................................... 30
15.......... Official Receivers .............................................................................. 34
16.......... Appointment of Inspector-General and Official Receivers ................ 34
17.......... Acting Inspector-General and Acting Official Receivers .................. 34
17B....... Arrangements for services of State and Northern Territory Magistrates 35
18.......... The Official Trustee in Bankruptcy ................................................... 35
18AA.... Commonwealth Authorities and Companies Act 1997 does not apply to Official Trustee 37
18A....... Liability of the Official Trustee ......................................................... 37
19.......... Duties etc. of trustee .......................................................................... 38
19AA.... Power of investigation of bankrupt's affairs ..................................... 39
19A....... Liability of Inspector-General, Official Receivers etc. ....................... 40
Division 2--Common Investment Fund 41
20A....... Interpretation ..................................................................................... 41
20B....... The Common Investment Fund ......................................................... 41
20D....... Investment of money in Common Fund ............................................ 42
20E........ Borrowing for the Common Fund .................................................... 43
20F........ Moneys in Common Fund not held on account of particular estates etc. 44
20G....... Common Investment Fund Equalization Account ............................. 45
20H....... Credits to and debits from the Equalization Account ......................... 45
20J........ Interest on moneys in Common Fund payable only in certain circumstances 46
Part III--Courts 49
Division 2--Jurisdiction and powers of courts in bankruptcy 49
27.......... Bankruptcy courts ............................................................................. 49
29.......... Courts to help each other ................................................................... 49
30.......... General powers of Courts in bankruptcy .......................................... 50
31.......... Exercise of jurisdiction ...................................................................... 51
32.......... Costs ................................................................................................. 52
33.......... Adjournment, amendment of process and extension and abridgment of times 52
33A....... Alteration of filing date for statement of affairs ................................. 52
34.......... Orders and commissions for examination of witnesses .................... 53
34A....... Standard of proof .............................................................................. 53
35.......... Family Court's jurisdiction in bankruptcy where trustee is a party to property settlement or spousal maintenance proceedings etc. ................................................................................. 53
35A....... Transfer of proceedings to Family Court .......................................... 55
35B....... Family Court of Western Australia ................................................... 57
36.......... Enforcement of orders etc. ................................................................ 57
37.......... Power of Court to rescind orders etc. ................................................ 57
Part IV--Proceedings in connexion with bankruptcy 58
Division 1--Acts of bankruptcy 58
40.......... Acts of bankruptcy ............................................................................ 58
41.......... Bankruptcy notices ............................................................................ 62
42.......... Payment etc. of debt to Commonwealth or State after service of bankruptcy notice 64
Division 2--Creditors' petitions 65
43.......... Jurisdiction to make sequestration orders .......................................... 65
44.......... Conditions on which creditor may petition ........................................ 65
45.......... Creditor's petition against partnership ............................................... 66
46.......... Petition against 2 or more joint debtors ............................................. 67
47.......... Requirements as to creditor's petition ............................................... 67
49.......... Change of petitioners [see Table B] .................................................. 67
50.......... Taking control of debtor's property before sequestration [see Table B] 67
51.......... Costs of prosecuting creditor's petition ............................................. 69
52.......... Proceedings and order on creditor's petition ..................................... 69
53.......... Consolidation of proceedings ............................................................ 70
54.......... Bankrupt's statement of affairs ......................................................... 71
Division 2A--Declaration of intention to present debtor's petition 73
54A....... Presentation of declaration ................................................................ 73
54B....... When debtor disqualified from presenting declaration ...................... 73
54C....... Acceptance or rejection of declaration ............................................... 73
54D....... Official Receiver to give information to debtor ................................. 74
54E........ Enforcement suspended during stay period ....................................... 74
54F........ Duties of sheriff ................................................................................ 75
54G....... Duty of court registrar ....................................................................... 75
54H....... Duties of person entitled to deduct money owing to declared debtor 76
54J........ Extension of time where this Division prevents the doing of an act .. 76
54K....... Section 33 not to apply to this Division ............................................ 76
54L........ Secured creditor's rights under security not affected ......................... 76
Division 3--Debtors' petitions 77
55.......... Debtor's petition ............................................................................... 77
56A....... Persons who may present a debtor's petition against a partnership ... 80
56B....... Presentation of a debtor's petition against a partnership .................... 81
56C....... Referral to the Court of a debtor's petition against a partnership ....... 81
56D....... Acceptance of a debtor's petition against a partnership by the Official Receiver 83
56E........ Effects of acceptance of a debtor's petition against a partnership ...... 83
56F........ Extra duties of non-petitioning partners who become bankrupts ....... 84
56G....... Inspection of statements of affairs of partners and partnerships ........ 84
57.......... Debtor's petition by joint debtors who are not partners .................... 85
57A....... Time at which person becomes bankrupt on debtor's petition ........... 89
Division 4--Effect of bankruptcy on property and proceedings 90
58.......... Vesting of property upon bankruptcy--general rule ......................... 90
58A....... Vesting of property upon bankruptcy--effect of orders in force under the proceeds of crime law 91
59.......... Second or subsequent bankruptcy ..................................................... 92
59A....... Orders under Part VIII or VIIIAB of the Family Law Act 1975 ....... 94
60.......... Stay of legal proceedings .................................................................. 94
61.......... Actions by bankrupt partner's trustee ............................................... 96
62.......... Actions on joint contracts .................................................................. 96
63.......... Death of bankrupt ............................................................................. 97
Division 5--Meetings of creditors 98
Subdivision A--Preliminary 98
63A....... Definitions [see Table B] .................................................................. 98
63B....... Trustee's representative ..................................................................... 99
Subdivision B--Convening of meetings 99
64.......... Trustee to convene meetings ............................................................. 99
64A....... Persons to whom notice of meeting to be given [see Table B] .......... 99
64B....... Certain matters to be included in notice of meeting [see Table B] ... 100
64C....... If telephone conference facilities are available ................................. 100
64D....... Statement by creditor as to amount of debt [see Table B] ................ 101
64E........ Notice about voting by proxy [see Table B] .................................... 102
64F........ Notice about appointment of attorney .............................................. 102
64G....... Agenda to be set out in notice of meeting [see Table B] .................. 102
Subdivision C--Procedure before opening of meeting 103
64H....... Creditors, or proxies or attorneys, participating by telephone ......... 103
64J........ Preparation of attendance record [see Table B] ............................... 103
Subdivision D--Procedure at meetings 104
64K....... Opening of meeting [see Table B] ................................................... 104
64L........ Appointment of minutes secretary [see Table B] ............................. 105
64M...... Announcement of proxies and attorneys ......................................... 106
64N....... Quorum ........................................................................................... 106
64P........ Election of person to preside at meeting [see Table B] .................... 107
64Q....... Whether holding of meeting is convenient to majority of creditors . 108
64R....... Tabling of bankrupt's statement of affairs [see Table B] ................. 108
64S........ Statements and questions [see Table B] .......................................... 108
64T........ Motions [see Table B] ..................................................................... 109
64U....... Remuneration of registered trustee [see Table B] ............................ 109
64V....... Appointment of committee of inspection [see Table B] ................... 110
64W...... Other business [see Table B] .......................................................... 110
64X....... Next meeting [see Table B] ............................................................. 111
Subdivision E--Miscellaneous 111
64Y....... Adjournment of meeting [see Table B] ........................................... 111
64Z........ Duties of minutes secretary [see Table B] ....................................... 111
64ZA..... Entitlement to vote ........................................................................... 113
64ZB..... Manner of voting [see Table B] ...................................................... 114
64ZBA.. Creditors' resolution without meeting ............................................. 116
64ZC..... Appointment of proxies [see Table B] ............................................ 117
64ZD..... Provisions relating to motions and amendments of motions ........... 118
64ZE..... Joint bankruptcies [see Table B] ..................................................... 119
64ZF..... Substantial compliance to be sufficient ............................................ 119
Division 5A--Committee of inspection 120
70.......... Committee of inspection .................................................................. 120
71.......... Vacation of office etc. ..................................................................... 121
72.......... Member of committee not to purchase part of estate ....................... 121
Division 6--Composition or arrangement with creditors 123
73.......... Composition or arrangement [see Table B] ..................................... 123
73A....... Trustee may require surety for cost of meeting ............................... 124
73B....... Declaration of relationships by proposed trustee of composition or scheme of arrangement 124
73C....... Statement of affairs and declarations of relationships to be tabled at meeting 125
74.......... Annulment of bankruptcy [see Table B] ......................................... 126
74A....... Variation of composition or scheme of arrangement ....................... 127
75.......... Effect of composition or scheme of arrangement [see Table B] ...... 128
76.......... Application of Part VIII to trustee of a composition or arrangement 128
76A....... Meetings of creditors ...................................................................... 129
76B....... Setting aside and termination of a composition or scheme of arrangement 129
Part V--Control over person and property of debtors and bankrupts 130
Division 1--General 130
77.......... Duties of bankrupt as to discovery etc. of property ......................... 130
77AA.... Access by Official Receiver and others to premises ........................ 131
77A....... Access by trustee to books of associated entity ............................... 132
77C....... Power of Official Receiver to obtain information and evidence ...... 133
77CA.... Power of Official Receiver to obtain statement of affairs ................ 134
77D....... Allowances and expenses in respect of attendance .......................... 135
77E........ Advance on account of allowances and expenses ........................... 135
77F........ Allowances and expenses to be paid out of bankrupt's estate [see Table B] 136
78.......... Arrest of debtor or bankrupt ........................................................... 136
80.......... Notification of change in name, address or day-time telephone number 137
81.......... Discovery of bankrupt's property etc. [see Table B] ....................... 138
Division 2--Offshore information notices 142
81A....... Issue of notices ............................................................................... 142
81B....... Extension of period of notice .......................................................... 142
81C....... Variation of notices ......................................................................... 143
81D....... Withdrawal of notices ..................................................................... 144
81E........ Notices may be included in same document .................................... 144
81F........ Relationship between this Division and section 77C ....................... 144
Division 3--Failure to comply with certain notices 145
81G....... Effect of non-compliance with notice .............................................. 145
Part VI--Administration of property 146
Division 1--Proof of debts 146
82.......... Debts provable in bankruptcy [see Table B] ................................... 146
83.......... Debt not to be considered proved until admitted ............................. 147
84.......... Manner of proving debts ................................................................. 147
85.......... Proof by employees ........................................................................ 149
86.......... Mutual credit and set-off ................................................................. 150
87.......... Deduction of discounts [see Table B] ............................................. 150
88.......... Apportionment to principal and interest of payments made before bankruptcy [see Table B] 150
89.......... Apportionment where security realized before or after bankruptcy . 151
90.......... Proof of debt by secured creditor .................................................... 151
91.......... Redemption of security by trustee etc. ............................................. 152
92.......... Amendment of valuation ................................................................. 153
93.......... Repayment of excess ....................................................................... 153
94.......... Subsequent realization of security ................................................... 153
95.......... Proof in respect of distinct contracts [see Table B] ......................... 154
96.......... Proof in respect of proportionate part of periodical payment ........... 154
97.......... Production of bills of exchange and promissory notes .................... 154
98.......... Amendment of proof of debt ........................................................... 154
100........ Costs of proving debts etc. .............................................................. 155
101........ Inspection of proofs by creditors etc. .............................................. 155
102........ Admission or rejection of proofs .................................................... 155
103........ Debts to be rounded down to nearest dollar .................................... 156
104........ Appeal against decision of trustee in respect of proof [see Table B] 156
105........ Costs of appeal ................................................................................ 157
106........ Trustee may administer oaths etc. .................................................... 157
107........ Creditor not to receive more than the amount of his or her debt and interest 157
Division 2--Order of payment of debts 158
Subdivision A--General 158
108........ Debts proved to rank equally except as otherwise provided ............ 158
109........ Priority payments [see Table B] ...................................................... 158
109A..... Debts due to employees [see Table B] ............................................ 162
110........ Application of estates of joint debtors [see Table B] ....................... 163
113........ Apprenticeship etc. claims [see Table B] ......................................... 163
114........ Payment of liabilities etc. incurred under terminated deed etc. [see Table B] 164
Subdivision B--The effect of proceeds of crime orders and applications for proceeds of crime orders 164
114A..... The effect of proceeds of crime orders ............................................ 164
114B..... The effect of applications for proceeds of crime orders ................... 165
114C..... Director of Public Prosecutions or Commissioner of the Australian Federal Police must notify the trustee of certain matters ............................................................................................. 165
Division 3--Property available for payment of debts 166
Subdivision A--General 166
115........ Commencement of bankruptcy ........................................................ 166
116........ Property divisible among creditors [see Table B] ............................ 167
117........ Policies of insurance against liabilities to third parties [see Table B] 172
118........ Execution by creditor against property of debtor who becomes a bankrupt etc. [see Table B] 173
119........ Duties of sheriff after receiving notice of presentation of petition etc. [see Table B] 176
119A..... Duties of sheriff after receiving notice of bankruptcy etc. [see Table B] 179
120........ Undervalued transactions ................................................................ 181
121........ Transfers to defeat creditors ............................................................ 184
121A..... Transactions where consideration given to a third party .................. 186
122........ Avoidance of preferences [see Table B] .......................................... 187
123........ Protection of certain transfers of property against relation back etc. [see Table B] 189
124........ Protection of certain payments to bankrupt etc. [see Table B] ......... 190
125........ Certain accounts of undischarged bankrupt [see Table B] ............... 191
126........ Dealings with undischarged bankrupt in respect of after-acquired property [see Table B] 192
127........ Limitation of time for making claims by trustee etc. [see Table B] .. 193
128........ Notice to trustee where identity of vendor etc. with bankrupt in doubt 193
Subdivision B--Superannuation contributions 194
128A..... Simplified outline ............................................................................ 194
128B..... Superannuation contributions made to defeat creditors--contributor is a person who later becomes a bankrupt 195
128C..... Superannuation contributions made to defeat creditors--contributor is a third party 197
128D..... Time for making claims by trustee .................................................. 200
128E...... Superannuation account-freezing notice .......................................... 200
128F...... Revocation of superannuation account-freezing notice .................... 202
128G..... Copy of superannuation account-freezing notice to be given to trustee etc. 205
128H..... Consent of Official Receiver to the cashing etc. of a superannuation interest 205
128J...... Power of Court to set aside superannuation account-freezing notice 206
128K..... Judicial enforcement of superannuation account-freezing notices ... 207
128L...... Protection of trustee of eligible superannuation plan ....................... 207
128M.... References to a member of an eligible superannuation plan ............ 209
128N..... Definitions ...................................................................................... 209
Division 4--Realization of property 213
129........ Trustee to take possession of property of bankrupt ......................... 213
129AA.. Time limit for realising property ...................................................... 214
129A..... Eligible judges ................................................................................. 215
130........ Warrant for seizure of property connected with the bankrupt .......... 215
132........ Vesting and transfer of property ..................................................... 217
133........ Disclaimer of onerous property [see Table B] ................................. 218
134........ Powers exercisable at discretion of trustee [see Table B] ................ 221
136........ Right to pay off mortgages [see Table B] ........................................ 223
137........ Right of trustee to inspect goods held as security [see Table B] ...... 223
138........ Limitation of trustee's power in respect of copyright, patents etc. [see Table B] 224
139........ Protection of trustee from personal liability in certain cases [see Table B] 224
Division 4A--Orders in relation to property of entity controlled by bankrupt or from which bankrupt derived a benefit 226
139A..... Trustee may apply to Court ............................................................. 226
139B..... Application to be served on respondent entity ................................. 226
139C..... Who may appear at hearing ............................................................. 226
139CA.. Definition of examinable period ..................................................... 226
139D..... Order relating to property of entity other than a natural person ....... 227
139DA.. Order relating to property of natural person .................................... 228
139E...... Order relating to net worth of entity other than a natural person ..... 229
139EA... Order relating to increase in value of property of natural person ..... 230
139F...... Court to take account of interests of other persons .......................... 230
139G..... Giving effect to orders under this Division ..................................... 230
139H..... Entity entitled to claim in bankruptcy .............................................. 231
Division 4B--Contribution by bankrupt and recovery of property 232
Subdivision A--Preliminary 232
139J...... Objects of Division ......................................................................... 232
Subdivision B--Interpretation 232
139K..... Definitions ...................................................................................... 232
Subdivision C--Income 234
139L...... Meaning of income ......................................................................... 234
139M.... Derivation of income ....................................................................... 236
139N..... Income varied by income tax payments and refunds and child support payments 237
Subdivision D--Liability of bankrupt to pay contributions 238
139P...... Liability of bankrupt to pay contribution ......................................... 238
139Q..... Change in liability of bankrupt ........................................................ 238
139R..... Liability not affected by subsequent discharge ................................ 239
139S...... Contribution payable by bankrupt ................................................... 239
139T...... Determination of higher income threshold in cases of hardship ...... 239
Subdivision E--Provision of information to trustee 241
139U..... Bankrupt to provide evidence of income ......................................... 241
139V..... Power of trustee to require bankrupt to provide additional evidence 243
Subdivision F--Assessments of income and contribution 243
139W.... Assessment of bankrupt's income and contribution ........................ 243
139WA. No time limit on making assessment ............................................... 244
139X..... Basis of assessments ....................................................................... 244
139Y..... Trustee may regard bankrupt as receiving reasonable remuneration 245
139Z...... If bankrupt claims not to be in receipt of income ............................. 246
Subdivision G--Review of assessment 246
139ZA... Internal review of assessment ......................................................... 246
139ZC... Inspector-General may request further information ......................... 247
139ZD... Decision on review ......................................................................... 247
139ZE... Inspector-General to notify bankrupt and trustee of decision .......... 248
139ZF... Review of assessment decisions ..................................................... 249
Subdivision H--When contribution payable 249
139ZG... Payment of contribution .................................................................. 249
139ZH... If excess contribution paid .............................................................. 250
139ZI.... Notice of determinations ................................................................. 250
Subdivision HA--Supervised account regime 251
139ZIA. Objects ............................................................................................ 251
139ZIB.. Definitions ...................................................................................... 251
139ZIC.. Trustee may determine that the supervised account regime applies to the bankrupt 253
139ZID. Revocation of determination ............................................................ 253
139ZIDAWhen determination ceases to be in force ....................................... 254
139ZIE.. Bankrupt must open and maintain supervised account .................... 255
139ZIEANew supervised account ................................................................. 256
139ZIF.. Bankrupt's monetary income to be deposited to supervised account 257
139ZIG. Trustee to supervise withdrawals from supervised account ............ 259
139ZIH. Constructive income receipt arrangements ...................................... 260
139ZIHANon-monetary income receipt arrangements ................................... 262
139ZII... Cash income .................................................................................... 263
139ZIIA Keeping of books ............................................................................ 264
139ZIJ... Injunctions ...................................................................................... 265
139ZIK.. Interim injunctions .......................................................................... 265
139ZIL.. Discharge etc. of injunctions ........................................................... 265
139ZIM. Certain limits on granting injunctions not to apply .......................... 266
139ZIN. Other powers of the Court unaffected ............................................. 266
139ZIO. Inspector-General may review trustee's decision ............................ 267
139ZIP.. Inspector-General may request further information ......................... 268
139ZIR.. Inspector-General's decision on review .......................................... 268
139ZIS.. Inspector-General to notify bankrupt and trustee of decision .......... 268
139ZIT.. AAT review of decisions ................................................................ 269
Subdivision I--Collection of money or property by Official Receiver from person other than the bankrupt 270
139ZJ.... Definition [see Table B] .................................................................. 270
139ZK... Persons to whom Subdivision applies [see Table B] ...................... 270
139ZL... Official Receiver may require persons to make payments [see Table B] 271
139ZM.. Power of Court to set aside notice ................................................... 272
139ZN... Charge over property ...................................................................... 273
139ZO... Failure to comply with notice .......................................................... 274
139ZP... Employer not to dismiss or injure bankrupt because of giving of notice 274
Subdivision J--Collection of money or property by Official Receiver from party to transaction that is void against the trustee 275
139ZQ... Official Receiver may require payment [see Table B] ..................... 275
139ZR... Charge over property [see Table B] ................................................ 277
139ZS... Power of Court to set aside notice ................................................... 278
139ZT... Failure to comply with notice .......................................................... 278
Subdivision K--Rolled-over superannuation interests etc. 278
139ZU... Order relating to rolled-over superannuation interests etc. .............. 278
139ZV... Enforcement of order ...................................................................... 280
139ZW.. Definitions ...................................................................................... 280
Division 5--Distribution of property 281
140........ Declaration and distribution of dividends ........................................ 281
141........ Joint and separate dividends ............................................................ 282
142........ Apportionment of expenses of administration of joint and separate estates 282
143........ Provision to be made for creditors residing at a distance etc. [see Table B] 282
144........ Right of creditor who has not proved debt before declaration of dividend 283
145........ Final dividend ................................................................................. 283
146........ Distribution of dividends where bankrupt fails to file statement of affairs [see Table B] 284
147........ No action for dividend .................................................................... 284
Part VII--Discharge and annulment 285
Division 1--Preliminary 285
148........ Misleading conduct by bankrupt ..................................................... 285
Division 2--Discharge by operation of law 287
Subdivision A--Discharge after certain period 287
149........ Automatic discharge ........................................................................ 287
149A..... Bankruptcy extended when objection made .................................... 288
Subdivision B--Objections 289
149B..... Objection to discharge ..................................................................... 289
149C..... Form of notice of objection ............................................................. 289
149D..... Grounds of objection ...................................................................... 290
149F...... Copy of notice of objection to be given to bankrupt ........................ 291
149G..... Date of effect of objection ............................................................... 292
149H..... Trustee ceasing to object on some grounds ..................................... 292
149J...... Withdrawal of objection .................................................................. 292
Subdivision C--Review of objection 292
149K..... Internal review of objection ............................................................. 292
149M.... Inspector-General may request further information ......................... 293
149N..... Decision on review ......................................................................... 294
149P...... Inspector-General to notify bankrupt and trustee of decision .......... 295
149Q..... Review of decisions ........................................................................ 296
Division 4--Provisions applicable to all discharges 297
152........ Discharged bankrupt to give assistance ........................................... 297
153........ Effect of discharge .......................................................................... 297
Division 5--Annulment of bankruptcy 299
153A..... Annulment on payment of debts ..................................................... 299
153B..... Annulment by Court ....................................................................... 300
154........ Effect of annulment ......................................................................... 300
Part VIII--Trustees 303
Division 1--Appointment and official name 303
154A..... Application to become a registered trustee ...................................... 303
155........ Processing of an application ............................................................ 303
155A..... Committee's decision on an application .......................................... 304
155B..... Effect of committee's decision ........................................................ 306
155C..... Registration as a trustee ................................................................... 306
155D..... Extension of registration ................................................................. 307
155E...... Application for change of conditions on practising as a registered trustee 307
155F...... Decision on application for change of conditions ............................ 308
155G..... Voluntary termination of registration .............................................. 309
155H..... Consideration of involuntary termination of registration ................. 309
155I....... Decision on involuntary termination of registration ........................ 310
155J...... After termination of registration ...................................................... 311
155K..... Payment of fees etc. for application, registration and extension ...... 311
156A..... Consent to act as trustee [see Table B] ............................................ 311
157........ Appointment of trustees [see Table B] ............................................ 313
158........ Appointment of more than one trustee etc. [see Table B] ................ 314
159........ Vacancy in office of trustee [see Table B] ....................................... 315
160........ Official Trustee to be trustee when no registered trustee is trustee [see Table B] 315
161........ Trustee may act in official name [see Table B] ................................ 315
161A..... Registered trustee to notify Inspector-General of certain events ...... 316
Division 2--Remuneration and costs 317
161B..... Trustee's remuneration--minimum entitlement [see Table B] ......... 317
162........ Trustee's remuneration--general [see Table B] .............................. 317
163........ Remuneration of the Official Trustee .............................................. 318
163A..... Costs and expenses of Official Receiver ......................................... 319
164........ Two or more trustees acting in succession ...................................... 319
165........ Trustee not to accept extra benefit etc. ............................................. 319
166........ Payment to third parties ................................................................... 320
167........ Review of remuneration etc. ............................................................ 320
Division 3--Accounts and audits 322
168........ Trustee not to pay moneys into private account ............................... 322
169........ Trustee to pay moneys into bank account ........................................ 322
170........ Trustee to give Official Receiver and bankrupt information etc. [see Table B] 323
170A..... Annual return .................................................................................. 323
171........ Trustee to give and obtain receipts .................................................. 324
173........ Books to be kept by trustee [see Table B] ....................................... 324
174........ Trustee's books when trading ......................................................... 324
175........ Audit of trustee's accounts .............................................................. 325
176........ Court may order trustee to make good loss caused by breach of duty 325
Division 4--Control over trustees 326
177........ Control of creditors over trustees .................................................... 326
178........ Appeal to Court against trustee's decision etc. ................................ 326
179........ Control of trustees by the Court ...................................................... 326
Division 5--Vacation of office 327
180........ Resignation of trustee [see Table B] ................................................ 327
181........ Removal of trustee [see Table B] .................................................... 327
181A..... Streamlined method for replacing trustee [see Table B] .................. 327
182........ Bankruptcy of trustee etc. ................................................................ 328
183........ Release of registered trustee by the Court ....................................... 328
184........ Release of registered trustee by operation of law after 7 years ........ 329
184A..... Release of the Official Trustee ........................................................ 329
Part IX--Debt agreements 331
Division 1--Introduction 331
185........ Definitions ...................................................................................... 331
Division 2--Debt agreement proposals 333
185C..... Giving a debt agreement proposal to the Official Receiver .............. 333
185D..... Statement of affairs to be given with a debt agreement proposal ..... 337
185E...... Accepting a debt agreement proposal for processing ...................... 337
185EA... Processing of debt agreement proposal ........................................... 339
185EB... Inspection of creditor's statement .................................................... 340
185EC... Acceptance of a debt agreement proposal ........................................ 340
185ED... Cancellation of acceptance of debt agreement proposal for processing 341
185F...... Effect of accepting a debt agreement proposal for processing ......... 342
185G..... Lapsing of a debt agreement proposal ............................................. 344
Division 3--Making a debt agreement 345
185H..... Making a debt agreement ................................................................ 345
185I....... Parties to a debt agreement .............................................................. 346
185K..... Prevention of proceedings relating to debts ..................................... 346
Division 3A--Duties of administrators 347
185LA... Duties of an administrator--general ................................................ 347
185LB... Administrator to notify creditors of a 3-month arrears default by a debtor 347
185LC... Administrator to notify Official Receiver of a designated 6-month arrears default by a debtor 348
185LD... Administrator to maintain separate bank account ............................ 348
185LE... Administrator to keep accounts etc. ................................................. 349
185LEA Annual return .................................................................................. 350
185LF... Succession of administrator ............................................................ 350
185LG... Duties of an administrator in relation to debt agreements--extended meaning 351
Division 4--Varying a debt agreement 352
185M.... Varying a debt agreement ................................................................ 352
185MA. Procedures for dealing with proposals to vary debt agreements ...... 352
185MB.. Inspection of creditor's statement .................................................... 353
185MC.. Acceptance of a proposal to vary a debt agreement ......................... 353
185MD. Withdrawal of proposal to vary a debt agreement ........................... 354
Division 5--Ending a debt agreement 356
185N..... End of debt agreement on discharge of obligations under agreement 356
185NA.. Release of debtor from debts ........................................................... 357
185P...... Terminating a debt agreement by accepting a proposal .................... 357
185PA... Procedures for dealing with proposals to terminate debt agreements 358
185PB... Inspection of creditor's statement .................................................... 358
185PC... Acceptance of a proposal to terminate a debt agreement .................. 359
185PD... Withdrawal of proposal to terminate a debt agreement .................... 360
185Q..... Terminating a debt agreement by order of the Court ....................... 361
185QA.. Terminating a debt agreement--designated 6-month arrears default 362
185R..... Terminating a debt agreement by the bankruptcy of the debtor ....... 362
185S...... Validity of things done under a debt agreement that was terminated 362
Division 6--Voiding a debt agreement 363
185T...... Applying for an order declaring a debt agreement void ................... 363
185U..... Making an order declaring a debt agreement void ........................... 364
185V..... Validity of things done under a debt agreement that was declared void 365
Division 7--General provisions relating to debt agreements 366
185W.... Court directions to the Official Receiver ......................................... 366
185X..... No stamp duty payable on a debt agreement ................................... 366
185XA.. Secured creditors ............................................................................. 366
185Y..... Money received by administrator to be held on trust ....................... 366
185Z...... Remuneration of administrator ........................................................ 366
185ZA... Notification of death of administrator .............................................. 367
185ZB... Official Trustee to replace an administrator who dies etc. ............... 367
185ZC... Official Receiver may appoint a new administrator ......................... 368
185ZCA Court may order administrator to make good loss caused by breach of duty 369
185ZCB Control of administrators by the Court ............................................ 369
185ZD... Remuneration of administrator ........................................................ 369
Division 8--Registration of debt agreement administrators etc. 370
Subdivision A--Introduction 370
186A..... Basic eligibility test ......................................................................... 370
Subdivision B--Registration of debt agreement administrators 372
186B..... Application for registration as a debt agreement administrator ........ 372
186C..... Inspector-General must approve or refuse to approve registration application 372
186D..... Registration as a debt agreement administrator ................................ 374
186E...... Duration of registration as a debt agreement administrator .............. 375
186F...... Conditions of registration--general ................................................ 375
186G..... Condition of registration--companies ............................................. 375
186H..... Application to change or remove registration conditions ................. 376
Subdivision C--Surrender and cancellation of registration as a debt agreement administrator 377
186J...... Surrender of registration as a debt agreement administrator ............ 377
186K..... Cancellation of an individual's registration as a debt agreement administrator 377
186L...... Cancellation of a company's registration as a debt agreement administrator 379
186LA... Inspector-General may obtain information about debt agreement administration trust accounts 380
186LB... Account-freezing notices--debt agreement administration trust accounts 381
186LC... Power of court to set aside account-freezing notices ....................... 383
186LD... Judicial enforcement of account-freezing notices ............................ 384
186LE... Protection of bank ........................................................................... 384
Subdivision D--Ineligibility of a person to act as a debt agreement administrator 384
186M.... Inspector-General may declare a person ineligible to act as an administrator 384
Subdivision E--Miscellaneous 385
186N..... Return of certificate of registration .................................................. 385
186P...... Cessation of registration as a debt agreement administrator--no refund of fees 387
186Q..... Guidelines relating to Inspector-General's powers ......................... 388
Part X--Personal insolvency agreements 389
Division 1--Interpretation 389
187........ Interpretation ................................................................................... 389
187A..... Application of Part to joint debtors [see Table B] ........................... 389
Division 2--Meeting of creditors and control of debtor's property 390
188........ Debtor may authorise trustee or solicitor to be controlling trustee [see Table B] 390
188A..... Personal insolvency agreement [see Table B] ................................. 392
188B..... Inspection of statement of debtor's affairs ...................................... 394
189........ Control of property of a debtor who has given authority under section 188 394
189AAAStay of proceedings relating to creditor's petition
until meeting
of debtor's creditors
........................................................................ 395
189AA.. Court orders with effect during period of control of debtor's property 396
189AB.. Charge over debtor's property that is subject to
control........................
[see Table B]
................................................................................... 397
189AC.. Right of indemnity for controlling trustee ....................................... 398
189A..... Report and declaration by controlling trustee .................................. 399
189B..... Controlling trustee to prepare statement about possible resolutions 400
190........ Duties and powers of controlling trustee ......................................... 400
190A..... Additional duties of controlling trustee ........................................... 401
191........ Payments to protect property etc. .................................................... 402
192........ Changing the controlling trustee ...................................................... 402
194........ Time for calling meeting .................................................................. 403
194A..... Statement of affairs and declarations of relationships to be tabled at meeting 403
195........ Debtor to attend meeting ................................................................. 404
196........ Procedure for calling and holding meeting ...................................... 405
204........ Resolution for personal insolvency agreement ................................ 405
205........ Duties of sheriff after receiving notice of signing of authority under section 188 etc. 406
205A..... Duties of sheriff after receiving notice of execution of personal insolvency agreement etc. 409
206........ Court may adjourn hearing of petition where creditors have passed resolution for personal insolvency agreement 413
207........ Surrender of security etc. where secured creditor has voted ............ 414
208........ Termination of control of debtor's property by the Court ............... 415
209........ Acts of controlling trustee to bind trustee of subsequent personal insolvency agreement or bankruptcy 415
210........ Other provisions about controlling trustee ...................................... 416
211........ Other provisions about debtor ......................................................... 416
Division 3--General provisions 417
215........ Eligibility to be trustee of personal insolvency agreement ............... 417
215A..... Nomination or appointment of trustee of personal insolvency agreement 417
216........ Execution of personal insolvency agreements ................................. 418
217........ Failure of trustee to execute personal insolvency agreement ........... 418
218........ Notice of execution of personal insolvency agreement .................... 419
219........ Trustee may sue, be sued etc. by official name ................................ 420
220........ Filling of vacancy in office of trustee after execution of personal insolvency agreement etc. 420
221........ Sequestration order where debtor fails to attend meeting, execute personal insolvency agreement etc. 421
221A..... Variation of personal insolvency agreement .................................... 422
222........ Court may set aside personal insolvency agreement ........................ 423
222A..... Termination of personal insolvency agreement by trustee ............... 426
222B..... Termination of personal insolvency agreement by creditors ............ 427
222C..... Court may terminate personal insolvency agreement ....................... 428
222D..... Termination of personal insolvency agreement by occurrence of terminating event 429
223........ Calling of meetings after the first meeting ....................................... 429
223A..... Rules in relation to meetings ........................................................... 430
224........ Validity of acts if personal insolvency agreement set aside or terminated 430
224A..... Notice that a personal insolvency agreement has been set aside, varied or terminated 431
225........ Evidence of personal insolvency agreement, resolution etc. ............ 432
226........ Creditor may inspect personal insolvency agreement etc. ................ 433
227........ Stamp duty not payable on personal insolvency agreements etc. entered into under this Part 433
229........ Personal insolvency agreement to bind all creditors ........................ 433
230........ Release of provable debts ................................................................ 434
231........ Application of general provisions of Act to personal insolvency agreements 435
231A..... Right of debtor to remaining property ............................................. 437
232........ Certificate relating to discharge of obligations ................................. 438
Part XI--Administration of estates of deceased persons in bankruptcy 439
244........ Administration of estates under this Part upon petition by creditor . 439
245........ Debtor dying after presentation of creditor's petition ...................... 441
246........ Statement of deceased debtor's affairs etc. by legal personal representative 442
247........ Petition for administration under this Part by person administering deceased person's estate 443
247A..... Commencement of administration under Part .................................. 444
248........ Application of Act in relation to administrations under this Part ..... 444
248A..... Consolidation of proceedings .......................................................... 446
249........ Vesting of property on making of order .......................................... 447
249A..... Charge over property owned in joint tenancy .................................. 454
250........ Effect of order under Part where deceased person was bankrupt .... 455
251........ Real property devised by will that vests directly in devisee to form part of estate in certain cases 458
252........ Liability of legal personal representative ......................................... 458
252A..... Annulment on payment of debts ..................................................... 459
252B..... Annulment by Court ....................................................................... 460
252C..... Effect of annulment ......................................................................... 460
Part XIA--Farmers' debts assistance 462
253A..... Interpretation ................................................................................... 462
253B..... Law of State or Territory may be proclaimed .................................. 462
253C..... Notice about stay under proclaimed law .......................................... 463
253E...... Relevant authority may apply for stay of proceedings under certain petitions 463
253F...... Relevant authority may be heard on application relating to debtor's petition 463
Part XII--Unclaimed dividends or moneys 465
254........ Payment of unclaimed moneys to the Commonwealth .................... 465
Part XIII--Evidence 467
255........ Record of proceedings or evidence ................................................. 467
256........ Evidence of matters stated in notices published in Gazette .............. 467
257........ Evidence of proceedings at meetings of creditors or committee of inspection 467
258........ Presumption about due convening of meetings etc. ......................... 467
262........ Swearing of affidavits ..................................................................... 468
Part XIV--Offences 469
263........ Concealment etc. of property etc. .................................................... 469
263A..... False affidavits ................................................................................ 470
263C..... False claims about a creditor's entitlement to vote ........................... 471
264A..... Failure of person to attend before the Court etc. .............................. 471
264B..... Arrest of person failing to attend before the Court etc. .................... 472
264C..... Refusal to be sworn or give evidence etc. ....................................... 473
264D..... Prevarication or evasion in the course of examination ..................... 474
264E...... Offences in relation to Registrar or magistrate conducting an examination 474
265........ Failure of bankrupt or debtor to disclose property etc. .................... 475
265A..... Offences relating to exercise of powers under section 77A or 130 . 478
266........ Disposing or charging of property by person who becomes, or has become, a bankrupt 479
267........ False declaration by debtor or bankrupt .......................................... 479
267B..... Failure of person to provide information ......................................... 480
267D..... Failure of person to attend ............................................................... 480
267E...... Arrest of person failing to attend before Official Receiver or authorised officer 480
267F...... Refusal to be sworn or give evidence etc. ....................................... 481
267G..... Prevarication or evasion in the course of giving evidence ............... 482
268........ Offences in relation to personal insolvency agreements .................. 482
269........ Bankrupt or debtor who is a party to a debt agreement obtaining credit etc. without disclosing bankruptcy or debt agreement ........................................................................................ 485
270........ Failure to keep proper books of account ......................................... 486
271........ Gambling or hazardous speculations ............................................... 487
272........ Leaving Australia with intent to defeat creditors etc. ....................... 487
273........ Trial of offences .............................................................................. 488
275........ Criminal liability not affected by discharge etc. ............................... 489
276........ Trustee acting under a personal insolvency agreement that has been set aside 489
277........ Punishment of contempt of court .................................................... 489
277A..... Keeping of books in respect of period of bankruptcy ...................... 489
277B..... Infringement notices for offences .................................................... 490
Part XV--Provisions relating to the Bankruptcy (Estate Charges) Act 1997 492
278........ Interpretation ................................................................................... 492
279........ Administration of, and powers and functions in relation to, the Charges Acts 492
280........ Deferred payment of interest charge or realisations charge ............. 492
281........ Late payment penalty--interest charge and realisations charge ....... 494
282........ Extension of time for payment--interest charge and realisations charge 494
283........ Remission of interest charge, realisations charge and late payment penalty 494
284........ Recovery of interest charge, realisations charge and late payment penalty 495
285........ Payments by cheque or payment order ............................................ 495
286........ Regulations may deal with other matters ......................................... 496
Part XVI--Miscellaneous 497
301........ Certain provisions in contracts etc. to be void ................................. 497
302........ Certain provisions in bills of sale etc. to be void ............................. 498
302A..... Certain provisions in governing rules of superannuation funds and approved deposit funds to be void 498
302AB.. Certain provisions in RSA's terms and conditions to be void ......... 499
302B..... Certain provisions in trust deeds void ............................................. 500
303........ Applications to Court ...................................................................... 500
304........ Parts of dollar to be disregarded in determining majority in value of creditors etc. 501
304A..... Indexation ....................................................................................... 501
305........ Payment of expenses by Commonwealth ........................................ 503
306........ Formal defect not to invalidate proceedings .................................... 504
306A..... Protection of Registrars, magistrates etc. in relation to examinations 504
306B..... Protection in respect of reports ........................................................ 505
307........ Proceedings in firm name ................................................................ 505
308........ Representation of corporation etc. ................................................... 505
309........ Service of notices etc. ...................................................................... 505
311........ Stamp duty not payable on trustee's cheques or receipts ................. 506
312........ Return or destruction of old accounts and records .......................... 506
313........ Audit of accounts and records of the Official Trustee and the Official Receivers 508
315........ Regulations ..................................................................................... 508
316........ Legislative instruments determining fees ......................................... 510
Schedule 1--Acts repealed 511
Notes 513
An Act relating to Bankruptcy
Notes to
the
Bankruptcy Act 1966 Note 1 The Bankruptcy Act 1966 as shown in this compilation
comprises Act No. 33, 1966 amended as indicated in the Tables below. The Bankruptcy Act 1966 was amended by the Workplace
Relations Amendment (Work Choices) (Consequential Amendments) Regulations 2006
(No. 1) (SLI 2006 No. 50). The amendments are incorporated in
this compilation. For application, saving or transitional provisions made by the
Corporations (Repeals, Consequentials and Transitionals) Act 2001, see
Act No. 55, 2001. All relevant information pertaining to application, saving or
transitional provisions prior to 25 October 1996 is not included in this
compilation. For subsequent information see Table A. The Bankruptcy Act 1966 was modified by the Bankruptcy
Regulations 1996 (1996 No. 263 as amended 2003 No.76; 2004 No. 256;
2006 Nos. 4 and 137; 2010 No. 287) see Table B. Table of Acts
|
Act |
Number |
Date |
Date of commencement |
Application, saving or transitional provisions |
|
33, 1966 |
1 June 1966 |
4 Mar 1968 (see Gazette 1968, |
|
|
|
Bankruptcy Act 1968 |
121, 1968 |
3 Dec 1968 |
31 Dec 1968 |
-- |
|
Judges' Remuneration Act 1969 (a) |
40, 1969 |
14 June 1969 |
14 June 1969 |
-- |
|
Bankruptcy Act 1970 |
122, 1970 |
11 Nov 1970 |
11 Nov 1970 |
S. 21 |
|
Statute Law Revision Act 1973 |
216, 1973 |
19 Dec 1973 |
31 Dec 1973 |
|
|
Postal and Telecommunications Commissions (Transitional Provisions) Act 1975 |
56, 1975 |
12 June 1975 |
Ss. 4 and 38: 1 July 1975 (see s. 2(1) and
Gazette 1975, No. S122) |
S. 38(3) |
|
91, 1976 |
20 Sept 1976 |
S. 3: (b) |
||
|
161, 1976 |
9 Dec 1976 |
1 Feb 1977 (see Gazette 1977, No. S3, p. 2) |
||
|
111, 1977 |
28 Oct 1977 |
Ss. 1, 2, 5, 9(2), 13,
16, 18 and 19(2): Royal Assent |
-- |
|
|
Australian Federal Police (Consequential Amendments) Act 1979 |
155, 1979 |
28 Nov 1979 |
-- |
|
|
12, 1980 |
8 Apr 1980 |
Ss. 1, 2, 3(1), 4-6, 8, 13, 14, 18-20, 23-25, 29, 30, |
Ss. 12(2), 17(2), 23(2), 24(2), 26(2), 27(2), 28(2),
29(2), 31(2), 32(2), 33(2), 34(2), 35(2), (3), 36(2), (3), 38(2)-(4), 40(2), |
|
|
Australian Federal Police (Consequential Amendments) Act 1980 |
70, 1980 |
28 May 1980 |
28 May 1980 |
-- |
|
74, 1981 |
18 June 1981 |
Part V (ss. |
Ss. 123(2), 125(2), 126(2), 127(2), 128(2), 129(2), 132(2), 134(2), 135(2), 137(2), 146(2), 147(2) and 264 |
|
|
as amended by |
|
|
|
|
|
176, 1981 |
2 Dec 1981 |
Part X (ss. 36, 37): 2 Nov 1981 (see Gazette 1981, No. S229) (d) |
-- |
|
|
176, 1981 |
2 Dec 1981 |
Part VIII (ss. |
||
|
Income Tax (Payments for Work) (Consequential Amendments) Act 1983 |
18, 1983 |
14 June 1983 |
14 June 1983 (see s. 2) |
-- |
|
Australian Government Solicitor (Consequential Amendments) Act 1984 |
10, 1984 |
10 Apr 1984 |
S. 4(1) and (2) |
|
|
63, 1984 |
25 June 1984 |
S. 151(1): 1 July 1984 (see Gazette 1984,
No. S245) (g) |
S. 151(9) |
|
|
as amended by |
|
|
|
|
|
199, 1991 |
18 Dec 1991 |
18 Dec 1991 |
-- |
|
|
21, 1985 |
7 May 1985 |
19 May 1986 (see Gazette 1986, No. S224) |
||
|
193, 1985 |
16 Dec 1985 |
S. 3: (h) |
||
|
154, 1986 |
18 Dec 1986 |
Part II (ss. 3-6), ss. 8(a) and 9-11: 1 Jan 1987 (see
s. 2(3)) |
-- |
|
|
168, 1986 |
18 Dec 1986 |
|||
|
73, 1987 |
5 June 1987 |
5 June 1987 (see s. 2) |
-- |
|
|
119, 1987 |
16 Dec 1987 |
Ss. 1 and 2: Royal Assent |
Ss. 4(2), 8(2), 9(2), 10(2), 11(2), 13(2), 15(2), 16(2), 17(2), 18(2), 20(2), 21(2), 22(2), 23(2), 25(2), (3), 26(2), 27(2), 28(2), 29(2), 30(2), 31(2), 32(2), 34(2), 35(2), 36(2), 37(2), (4), 38(2), 39(2), 40(2), 41(2), 42(2), 43(2), (4), 44(2), (4), 45(2), 46(2), 47(2), (3), 48(2), 49(2), 50(2), 51(2), 52(2), 53(3), 55(2), 57(2), 58(2), 59(2), 60(2), 62(2), 63(2), 64(2), 65(2), 68(2), 69(2), 70(2), 71(2), 72(2), 73(2), 74(2), 75(2), 76(2), 77(2), 78(2), 79(2), (5), 82(2), 83(2), 84(2), 85(2), 86(2), 89(2), 91(2), 97(2), 98(2), 99(2), 103(2), 106 and 107 |
|
|
Family Court of Australia (Additional Jurisdiction and Exercise of Powers) Act 1988 |
8, 1988 |
5 Apr 1988 |
S. 12(a) and (d): 1 Jan 1990 |
-- |
|
as amended by |
|
|
|
|
|
120, 1988 |
14 Dec 1988 |
-- |
||
|
38, 1988 |
3 June 1988 |
S. 3: Royal Assent (k) |
||
|
Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988 |
99, 1988 |
2 Dec 1988 |
2 Dec 1988 |
-- |
|
129, 1989 |
7 Nov 1989 |
Part I (ss. 1, 2), ss. 3, 26, 29-33, 35, 38 and
40: Royal Assent |
S. 28 |
|
|
115, 1990 |
21 Dec 1990 |
Ss. 3, 5, 6, 8, 9, 16, 17, 20-23, 28, 30, 32, 33, 38
and 39: 4 Feb 1991 (see Gazette 1991, No. GN3, p. 278) |
Ss. 14(2), 15(2), |
|
|
9, 1992 |
17 Jan 1992 |
Part 2 (ss. 3-50): 1 July 1992 (see
Gazette 1992, No. S176) |
||
|
81, 1992 |
30 June 1992 |
Schedule 2 (Part 6): 1 July 1992 (l) |
-- |
|
|
143, 1992 |
7 Dec 1992 |
S. 3: (m) |
-- |
|
|
210, 1992 |
24 Dec 1992 |
Part 1 (ss. 1-3):
Royal Assent |
-- |
|
|
11, 1993 |
31 May 1993 |
31 May 1993 |
-- |
|
|
32, 1993 |
16 June 1993 |
Ss. 6, 7, 9, 11, 13, 15 and Part 5 (ss. 29, 30): 1 June
1993 |
||
|
Superannuation Industry (Supervision) Consequential Amendments Act 1993 |
82, 1993 |
30 Nov 1993 |
Ss. 1, 2, 14, 16(2), 41, 42, 45, 46, 48(1) and 52-64: 1 Dec 1993 |
|
|
84, 1994 |
23 June 1994 |
|||
|
as amended by |
|
|
|
|
|
Primary Industries and Energy Legislation Amendment Act 1994 |
94, 1994 |
29 June 1994 |
S. 11: (o) |
|
|
Student Assistance (Youth Training Allowance-- Transitional Provisions and Consequential Amendments) Act 1994 |
184, 1994 |
23 Dec 1994 |
1 Jan 1995 (p) |
-- |
|
170, 1995 |
16 Dec 1995 |
Schedule 2 (items 54-57, 64): Royal Assent (q) |
Sch. 2 (items 56, 64) |
|
|
44, 1996 |
25 Oct 1996 |
Schedule 1: 16 Dec
1996 (see Gazette 1996, No. GN49) |
Sch. 1 (items |
|
|
as amended by |
|
|
|
|
|
11, 1997 |
13 Mar 1997 |
Schedule 2: (s) |
-- |
|
|
Law and Justice Legislation Amendment Act 1999 |
125, 1999 |
13 Oct 1999 |
Schedule 4: 16 Dec 1996 (sa) |
-- |
|
11, 1997 |
13 Mar 1997 |
Schedules 1 and 3: 14 Apr 1997 (see Gazette 1997, No. S136) (t) |
Sch. 3 [see Table A] |
|
|
Retirement Savings Accounts (Consequential Amendments) Act 1997 |
62, 1997 |
28 May 1997 |
2 June 1997 (see s. 2 and Gazette 1997, No. S202) |
-- |
|
152, 1997 |
24 Oct 1997 |
Schedule 2 (items 584-596): 1 Jan 1998 (see Gazette 1997, GN49) (u) |
-- |
|
|
Farm Household Support Amendment (Restart and Exceptional Circumstances) Act 1997 |
179, 1997 |
25 Nov 1997 |
25 Nov 1997 |
-- |
|
Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 |
45, 1998 |
17 June 1998 |
Schedule 13 (item 4): 1 July 1998 (v) |
-- |
|
48, 1998 |
29 June 1998 |
Schedule 1 (Items 10-23): 1 July 1998 (see Gazette 1998, No. S316) (w) |
S. 4(2) [see Table A] |
|
|
Social Security and Veterans' Affairs Legislation Amendment (Budget and Other Measures) Act 1998 |
93, 1998 |
15 July 1998 |
Schedule 7 (item 1): 1 Apr 1998 (x) |
-- |
|
38, 1999 |
31 May 1999 |
Schedule 1: Royal Assent (y) |
-- |
|
|
Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 |
44, 1999 |
17 June 1999 |
Schedule 7 (items 1-4): 1 July 1999 (see
Gazette 1999, No. S283) (z) |
Sch. 8 (items 1-9, 22) [see Table A] |
|
as amended by |
|
|
|
|
|
160, 2000 |
21 Dec 2000 |
Schedule 1 (item 21):
Royal Assent |
-- |
|
|
A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999 |
83, 1999 |
8 July 1999 |
Schedule 11 (item 3): (za) |
-- |
|
Public Employment (Consequential and Transitional) Amendment Act 1999 |
146, 1999 |
11 Nov 1999 |
Schedule 1 (item 280): 5 Dec 1999 (see Gazette 1999, No. S584) (zb) |
-- |
|
179, 1999 |
22 Dec 1999 |
Schedule 11 (item 3): 1 July 2000 (zc) |
-- |
|
|
194, 1999 |
23 Dec 1999 |
Schedule 7: 23 Dec 1999 (zd) |
-- |
|
|
22, 2000 |
3 Apr 2000 |
3 Apr 2000 |
-- |
|
|
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 |
137, 2000 |
24 Nov 2000 |
Ss. 1-3 and Schedule 1 (items 1, 4, 6, 7, 9-11,
32): Royal Assent |
Sch. 2 (items 418, 419) [see Table A] |
|
143, 2000 |
29 Nov 2000 |
Schedule 3 (item 1E): 27 Dec 2000 (ze) |
-- |
|
|
144, 2000 |
7 Dec 2000 |
Ss. 1 and 2: Royal Assent |
Sch. 3 (items 7(1), 8) [see Table A] |
|
|
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 |
24, 2001 |
6 Apr 2001 |
S. 4(1), (2) and Schedule 5: (zf) |
S. 4(1) and (2) [see Table A] |
|
Corporations (Repeals, Consequentials and Transitionals) Act 2001 |
55, 2001 |
28 June 2001 |
Ss. 4-14 and Schedule 3 (items 80-87): 15 July 2001 (see Gazette 2001, No. S285) (zg) |
Ss. 4-14 [see Note 1] |
|
61, 2001 |
28 June 2001 |
28 Dec 2002 |
S. 5 (as am. by 86, 2002, Sch. 5 [item 10]) [see Table A] |
|
|
as amended by |
|
|
|
|
|
Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002 |
86, 2002 |
11 Oct 2002 |
(see 86, 2002 below) |
-- |
|
86, 2001 |
18 July 2001 |
Schedule 2 (items 1, 2): Royal Assent (zh) |
-- |
|
|
Financial Services Reform (Consequential Provisions) Act 2001 |
123, 2001 |
27 Sept 2001 |
Schedule 1 (item 216): 11 Mar 2002 (see Gazette 2001, No. GN42) (zi) |
-- |
|
51, 2002 |
29 June 2002 |
Schedule 6 (items 1, 2): (zj) |
Sch. 6 (item 2) [see Table A] |
|
|
Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002 |
86, 2002 |
11 Oct 2002 |
Ss. 1-3: Royal Assent |
Sch. 4 (items 12, 16) [see Table A] |
|
131, 2002 |
18 Dec 2002 |
Schedule 1: 5 May 2003 (see Gazette
2003, No. S138) |
Sch. 1 (item 198 (as am. by 80, 2004, Sch. 7
[items 1, 2]) Sch. 1 (items |
|
|
as amended by |
|
|
|
|
|
80, 2004 |
23 June 2004 |
Schedule 7 (items 1, 2): (zk) |
Sch. 7 (item 3) [see Table A] |
|
|
Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003 |
150, 2003 |
19 Dec 2003 |
Schedule 2 (items 96, 97): (zl) |
-- |
|
62, 2004 |
26 May 2004 |
Schedule 1 (items 11, 12): 27 May 2004 |
-- |
|
|
80, 2004 |
23 June 2004 |
Schedule 1 (items 1-187, 212-215) and
Schedules |
Sch. 1 (items |
|
|
as amended by |
|
|
|
|
|
100, 2005 |
6 July 2005 |
Schedule 2 (item 9): (zm) |
-- |
|
|
8, 2005 |
22 Feb 2005 |
S. 4 and Schedule 1 (items 97-108, 496): Royal Assent |
S. 4 and Sch. 1 (item 496) [see Table A] |
|
|
20, 2005 |
18 Mar 2005 |
Schedule 1: 18 Sept 2005 |
Sch. 2 (item 5), Sch. 3 (item 2) and Sch. 4 (item 3) [see Table A] |
|
|
98, 2005 |
6 July 2005 |
Schedule 1 (item 138): 18 Sept 2005 |
-- |
|
|
33, 2006 |
3 May 2006 |
Schedule 1: 31 May 2006 |
Sch. 1 (item 30) [see Table A] |
|
|
Bankruptcy Legislation Amendment (Fees and Charges) Act 2006 |
34, 2006 |
3 May 2006 |
Schedule 1 (items 1-19), Schedules 2 and
3: 1 July 2006 |
Sch. 1 (items 3, 5, 9, 13, 15, 18), Sch. 3 (item 4) and Sch. 4 (item 8) [see Table A] |
|
Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006 |
101, 2006 |
14 Sept 2006 |
Schedule 2 (items 25, 26) and Schedule 6 (items 1, 6-11): Royal Assent |
Sch. 6 (items 1, 6-11) [see Table A] |
|
8, 2007 |
15 Mar 2007 |
Schedule 4 (items 2-4): Royal Assent |
-- |
|
|
Superannuation Legislation Amendment (Simplification) Act 2007 |
15, 2007 |
15 Mar 2007 |
Schedule 3 (items 1-3): 1 July 2007 |
Sch. 3 (item 3) [see Table A] |
|
44, 2007 |
10 Apr 2007 |
Schedule 1: 11 Apr 2007 |
Sch. 1 (items 21-23) and Sch. 2 (item 80) [see Table A] |
|
|
Bankruptcy Legislation Amendment (Superannuation Contributions) Act 2007 |
57, 2007 |
15 Apr 2007 |
Schedule 1 (items 1-14): 28 July 2006 |
Sch. 2 (item 4) [see Table A] |
|
73, 2008 |
3 July 2008 |
Schedule 3 (item 26): Royal Assent |
-- |
|
|
Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 |
115, 2008 |
21 Nov 2008 |
Schedule 2 (items 4-18): 1 Mar 2009 |
-- |
|
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008 |
144, 2008 |
9 Dec 2008 |
Schedule 2 (items 11-23, 25, 27, 29-33): 10 Dec
2008 |
-- |
|
Fair Work (State Referral and Consequential and Other Amendments) Act 2009 |
54, 2009 |
25 June 2009 |
Schedule 5 (items 17-19): (zq) |
-- |
|
Federal Court of Australia Amendment (Criminal Jurisdiction) Act 2009 |
106, 2009 |
6 Nov 2009 |
Schedule 1 (items 7-9): 4 Dec 2009 |
-- |
|
Personal Property Securities (Consequential Amendments) Act 2009 |
131, 2009 |
14 Dec 2009 |
Schedule 5 (items 5-18): 30 Jan 2012 (see F2011L02397) |
Sch. 5 (item 18) [see Table A] |
|
Crimes Legislation Amendment (Serious and Organised Crime) Act 2010 |
3, 2010 |
19 Feb 2010 |
Schedule 1 (item 43): Royal Assent |
-- |
|
106, 2010 |
14 July 2010 |
Schedule 1, Schedule 2 and Schedule 4 (items 5-10,
12, 13): 1 Dec 2010 (see F2010L03074) |
Sch. 1 (item 17), Sch. 2 (item 84), Sch. 3 (item 17) and Sch. 4 (items 4, 13) [see Table A] |
|
|
Statute Law Revision Act 2011 |
5, 2011 |
22 Mar 2011 |
Schedule 5 (items 44, 45) and Schedule 7 (items 30, 31): 19 Apr 2011 |
-- |
|
Acts Interpretation Amendment Act 2011 |
46, 2011 |
27 June 2011 |
Schedule 2 (items 289-291) and Schedule 3 (items 10, 11): 27 Dec 2011 |
Sch. 3 (items 10, 11) [see Table A] |
|
Crimes Legislation Amendment Act (No. 2) 2011 |
174, 2011 |
5 Dec 2011 |
Schedule 2 (items 142-150): 1 Jan 2012 |
Sch. 2 (item 150) [see Table A] |
|
Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011 |
189, 2011 |
7 Dec 2011 |
Schedule 2 (items 1, 2): 4 Jan 2012 |
Sch. 2 (item 31) [see Table A] |
(a) The Judges' Remuneration Act 1969 was repealed by section 7 of the Statute Law Revision Act 1973, subsection 7(2) of that Act provides as follows:
(2) The repeal of an Act by this section does not affect the operation of:
(a) any amendment of another Act made by the repealed Act; or
(b) any provision for the citation of that other Act as amended by the repealed Act.
(b) The Bankruptcy Act 1966 was amended by section 3 only of the Administrative Changes (Consequential Provisions) Act 1976, subsection 2(7) of which provides as follows:
(7) The amendments of each other Act specified in the Schedule made by this Act shall be deemed to have come into operation on 22 December 1975.
(c) The Bankruptcy Act 1966 was amended by Part V (sections 122-147) only of the Commonwealth Functions (Statutes Review) Act 1981, subsection 2(10) of which provides as follows:
(10) The remaining provisions of this Act shall come into operation on such respective dates as are fixed by Proclamation.
(d) The Commonwealth Functions (Statutes Review) Act 1981 was amended by Part X (sections 36 and 37) only of the Statute Law (Miscellaneous Amendments) Act 1981, subsection 2(6) of which provides as follows:
(6) Part X shall come into operation, or shall be deemed to have come into operation, as the case requires, on the date of commencement of subsection 125(1) of the Commonwealth Functions (Statutes Review) Act 1981.
(e) The Bankruptcy Act 1966 was amended by Part VIII (sections 28-30) only of the Statute Law (Miscellaneous Amendments) Act 1981, subsection 2(4) of which provides as follows:
(4) Part VIII, Part XV, Division 2 of Part XVIII and Division 3 of Part XVIII shall come into operation on such respective dates as are fixed by Proclamation.
(f) The Bankruptcy Act 1966 was amended by section 3 only of the Australian Government Solicitor (Consequential Amendments) Act 1984, subsection 2(1) of which provides as follows:
(1) Subject to subsection (2), this Act shall come into operation, or shall be deemed to have come into operation, as the case requires, on the day on which section 7 of the Judiciary Amendment Act (No. 2) 1984 comes into operation.
(g) The Bankruptcy Act 1966 was amended by section 151(1) only of the Public Service Reform Act 1984, subsection 2(4) of which provides as follows
(4) The remaining provisions of this Act shall come into operation on such day as is, or on such respective days as are, fixed by proclamation.
Section 151(6) of the Public Service Reform Act 1984 provided for the amendment of section 16 of the Bankruptcy Act 1966. The last-mentioned section was repealed by the Prime Minister and Cabinet Legislation Amendment Act 1991 before a date was fixed for the commencement of section 16.
(h) The Bankruptcy Act 1966 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1985, subsections 2(1) and (2) of which provide as follows:
(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(2) Section 7 of this Act and the amendment of section 41 of the Bankruptcy Act 1966 made by this Act shall come into operation on a day to be fixed by Proclamation.
The date fixed in pursuance of subsection 2(2) was 9 June 1986 (see Gazette 1986, No. S264).
(i) The Bankruptcy Act 1966 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1986, subsections 2(1) and (2) of which provide as follows:
(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(2) The amendment of the Bankruptcy Act 1966 made by this Act inserting proposed section 31A shall come into operation on a day to be fixed by Proclamation.
(j) The Family Court of Australia (Additional Jurisdiction and Exercise of Powers) Act 1988 was amended by Part XI (sections 34 and 35) only of the Law and Justice Legislation Act 1988, subsection 2(6) of which provides as follows:
(6) Part XI shall be taken to have commenced on 5 April 1988.
(k) The Bankruptcy Act 1966 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1988, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(l) The Bankruptcy Act 1966 was amended by Schedule 2 (Part 6) only of the Social Security Legislation Amendment Act 1992, paragraph 2(14)(c) of which provides as follows:
(14) The following provisions commence on 1 July 1992:
(c) Part 8 of Schedule 1 and Part 6 of Schedule 2.
(m) The Bankruptcy Act 1966 was amended by section 3 only of the Law and Justice Legislation Amendment Act (No. 4) 1992, subsections 2(1) and (2) of which provide as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2) The amendment of section 19 of the Bankruptcy Act 1966 made by this Act commences on the 28th day after the day on which this Act receives the Royal Assent.
(n) The Bankruptcy Act 1966 was amended by sections 89 and 90 only of the Law and Justice Legislation Amendment Act 1994, subsection 2(5) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(o) The Law and Justice Legislation Amendment Act 1994 was amended by section 11 only of the Primary Industries and Energy Legislation Amendment Act 1994 provides as follows:
(5) The amendments of the Law and Justice Legislation Amendment Act 1994 made by the Schedule commence, or are taken to have commenced, immediately after the commencement of section 91 of that Act.
Section 91 commenced on 23 June 1994.
(p) Section 2 of the Student Assistance (Youth Training Allowance--Transitional Provisions and Consequential Amendments) Act 1994 provides as follows:
2. This Act commences on 1 January 1995 immediately after the commencement of the Student Assistance (Youth Training Allowance) Amendment Act 1994.
(q) The Bankruptcy Act 1966 was amended by Schedule 2 (items 54, 55 and 57) only of the Taxation Laws Amendment Act (No. 3) 1995, subsection 2(1) of which provides as follows:
(1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.
(r) Subsection 2(4) of the Bankruptcy Legislation Amendment Act 1996 provides as follows:
(4) Schedule 2 commences immediately after the commencement of Schedule 1.
Schedule 1 commenced on 16 December 1996 (see Gazette 1996, No. GN49).
(s) The Bankruptcy Act 1966 was amended by Schedule 2 only of the Bankruptcy Amendment Act 1997, subsection 2(4) of which provides as follows:
(4) Schedule 2 commences, or is taken to have commenced, immediately after the Bankruptcy Legislation Amendment Act 1996 receives or received the Royal Assent.
The Bankruptcy Legislation Amendment Act 1996 received the Royal Assent on 25 October 1996.
(sa) The Bankruptcy Legislation Amendment Act 1996 was amended by Schedule 4 only of the Law and Justice Legislation Amendment Act 1999, subsection 2(4) of which provides as follows:
(4) Schedule 4 is taken to have commenced on 16 December 1996, immediately after the commencement of Schedule 1 to the Bankruptcy Legislation Amendment Act 1996.
(t) The Bankruptcy Act 1966 was amended by Schedules 1 and 3 only of the Bankruptcy Amendment Act 1997, subsection 2(2) of which provides as follows:
(2) Subject to subsection (3), Schedules 1 and 3 commence on the commencement of the Bankruptcy (Estate Charges) Act 1997.
(u) The Bankruptcy Act 1966 was amended by Schedule 2 (items 584-596) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:
(2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.
(v) The Bankruptcy Act 1966 was amended by Schedule 13 (item 4) only of the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998, subsection 2(1) of which provides as follows:
(1) Subject to subsections (2) to (10), this Act commences on 1 July 1998.
(w) The Bankruptcy Act 1966 was amended by Schedule 1 (Items 10-23) only of the Financial Sector Reform (Consequential Amendments) Act 1998, subsection 2(2) of which provides as follows:
(2) Subject to subsections (3) to (14), Schedules 1, 2 and 3 commence on the commencement of the Australian Prudential Regulation Authority Act 1998.
(x) The Bankruptcy Act 1966 was amended by Schedule 7 (item 1) only of the Social Security and Veterans' Affairs Legislation Amendment (Budget and Other Measures) Act 1998, subsection 2(9) of which provides as follows:
(9) Schedule 7 commences, or is taken to have commenced, on 1 April 1998.
(y) The Bankruptcy Act 1966 was amended by Schedule 1 only of the Superannuation Legislation Amendment Act 1999, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(z) The Bankruptcy Act 1966 was amended by Schedule 7 (items 1-4) only of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999, subsections 3(1), (2)(e) and (16) of which provide as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2) The following provisions commence on the transfer date:
(e) subject to subsection (12), Schedule 7, other than items 43, 44, 118, 205 and 207 (the commencement of those items is covered by subsections (10), (11) and (13)).
(16) The Governor-General may, by Proclamation published in the Gazette, specify the date that is to be the transfer date for the purposes of this Act.
(za) The Bankruptcy Act 1966 was amended by Schedule 11 (item 3) only of the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999, subsection 2(2) of which provides as follows:
(2) Schedule 1 (Parts 1 to 5), Schedules 3 to 6, Schedule 7 (other than item 14), Schedules 8 and 9, Schedule 10 (other than item 63) and Schedule 11 (items 3 and 4 only) commence, or are taken to have commenced, on the commencement of Schedule 1 to the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999.
Schedule 1 to the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999 commenced immediately after 1 July 2000.
(zb) The Bankruptcy Act 1966 was amended by Schedule 1 (item 280) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:
(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.
The proposed amendment to section 31A of the Bankruptcy Act 1966 made by Schedule 1 (item 280) of the Public Employment (Consequential and Transitional) Amendment Act 1999 had no effect as section 31A of the Bankruptcy Act 1966 was repealed by Schedule 1 (item 96) of the Bankruptcy Legislation Amendment Act 1996 before the amendment commenced.
(zc) The Bankruptcy Act 1966 was amended by Schedule 11 (item 3) only of the A New Tax System (Tax Administration) Act 1999, subsection 2(9)(b) of which provides as follows:
(9) The following provisions commence on 1 July 2000:
(b) Schedule 11 (other than item 44).
(zd) The Bankruptcy Act 1966 was amended by Schedule 7 only of the Federal Magistrates (Consequential Amendments) Act 1999, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the commencement of the Federal Magistrates Act 1999.
(ze) The Bankruptcy Act 1966 was amended by Schedule 3 (item 1E) only of the Family Law Amendment Act 2000, subsection 2(1) of which provides as follows:
(1) Subject to subsections (1A) and (2), this Act commences 28 days after the day on which it receives the Royal Assent.
(zf) The Bankruptcy Act 1966 was amended by Schedule 5 only of the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001, subsection 2(1)(a) of which provides as follows:
(1) Subject to this section, this Act commences at the later of the following times:
(a) immediately after the commencement of item 15 of Schedule 1 to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000;
Item 15 commenced on 24 May 2001.
(zg) The Bankruptcy Act 1966 was amended by Schedule 3 (items 80-87) only of the Corporations (Repeals, Consequentials and Transitionals) Act 2001, subsection 2(3) of which provides as follows:
(3) Subject to subsections (4) to (10), Schedule 3 commences, or is taken to have commenced, at the same time as the Corporations Act 2001.
(zh) The Bankruptcy Act 1966 was amended by Schedule 2 (items 1 and 2) only of the Higher Education Funding Amendment Act 2001, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(zi) The Bankruptcy Act 1966 was amended by Schedule 1 (item 216) only of the Financial Services Reform (Consequential Provisions) Act 2001, subsections 2(1) and (6) of which provide as follows:
(1) In this section :
FSR commencement means the commencement of item 1 of Schedule 1 to the Financial Services Reform Act 2001.
(6) Subject to subsections (7) to (17), the other items of Schedule 1 commence on the FSR commencement.
(zj) Subsection 2(1) (item 10) of the Taxation Laws Amendment (Superannuation) Act (No. 2) 2002 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
|
Commencement information |
||
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
10. Schedule 6, items 1 and 2 |
The later of: (a) the day on which this Act receives the Royal Assent; and (b) immediately after the commencement of item 77 of Schedule 1 to the Bankruptcy Legislation Amendment Act 2002 |
5 May
2003 |
(zk) Subsection 2(1) (item 5) of the Bankruptcy Legislation Amendment Act 2004 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
5. Schedule 7, items 1 and 2 |
Immediately after the commencement of Schedule 1 to the Bankruptcy Legislation Amendment Act 2002. |
5 May 2003 |
(zl) Subsection 2(1) (item 8) of the Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
8. Schedule 2, items 95 to 103 |
The later of: (a) 1 January 2004; and (b) immediately after the commencement of sections 1-10 to 238-15 of the Higher Education Support Act 2003. |
1 January
2004 |
(zm) Subsection 2(1) (item 30) of the Statute Law Revision Act 2005 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
30. Schedule 2, item 9 |
Immediately after the time specified in the Bankruptcy Legislation Amendment Act 2004 for the commencement of item 167 of Schedule 1 to that Act. |
1 December 2004 |
(zn) Subsection 2(1) (item 3) of the Bankruptcy Legislation Amendment (Fees and Charges) Act 2006 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
3. Schedule 1, Part 2 |
The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of Schedule 1 to the Bankruptcy Legislation Amendment (Anti-avoidance) Act 2006. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
1 July
2006 |
(zo) Subsection 2(1) (items 7-9) of the Bankruptcy Legislation Amendment (Superannuation Contributions) Act 2007 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
7. Schedule 2, item 8 |
Immediately after the commencement of item 12 of Schedule 1 to the Bankruptcy Legislation Amendment (Anti-avoidance) Act 2006. |
31 May 2006 |
|
8. Schedule 2, item 9 |
Immediately after the commencement of item 208 of Schedule 1 to the Bankruptcy Legislation Amendment Act 1996. |
16 December 1996 |
|
9. Schedule 2, item 10 |
Immediately after the commencement of section 10 of the Superannuation Industry (Supervision) Consequential Amendments Act 1993. |
1 July 1994 |
(zp) Subsection 2(1) (items 6, 8 and 10) of the Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
6. Schedule 2, item 24 |
The later of: (a) the start of the day after this Act receives the Royal Assent; and (b) immediately after the commencement of item 13 of Schedule 2 to the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
1 March 2009 (paragraph (b) applies) |
|
8. Schedule 2, item 26 |
The later of: (a) the start of the day after this Act receives the Royal Assent; and (b) immediately after the commencement of item 15 of Schedule 2 to the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
1 March 2009 (paragraph (b) applies) |
|
10. Schedule 2, item 28 |
The later of: (a) the start of the day after this Act receives the Royal Assent; and (b) immediately after the commencement of item 17 of Schedule 2 to the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
1 March 2009 (paragraph (b) applies) |
(zq) Subsection 2(1) (item 11) of the Fair Work (State Referral and Consequential and Other Amendments) Act 2009 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
11. Schedule 5, items 1 to 30 |
Immediately after the commencement of Part 2-4 of the Fair Work Act 2009. |
1 July 2009 |
Table of Amendments
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
|
|
Provision affected |
How affected |
|
Part I |
|
|
S. 3 ..................................... |
am. No. 122, 1970 |
|
|
rep. No. 216, 1973 |
|
S. 4 ..................................... |
am. No. 12, 1980 |
|
Part IA |
|
|
Heading to Part IA ............ |
ad. No. 119, 1987 |
|
S. 5 ..................................... |
am. No. 121, 1968; No. 122, 1970; No. 155, 1979; Nos. 12 and 70, 1980; No. 21, 1985; Nos. 73 and 119, 1987; No. 8, 1988; No. 129, 1989; No. 115, 1990; Nos. 9 and 210, 1992; No. 82, 1993; No. 44, 1996; No. 62, 1997; No. 48, 1998; No. 194, 1999; No. 143, 2000; Nos. 55 and 123, 2001; Nos. 86 and 131, 2002; No. 80, 2004; No. 20, 2005; Nos. 33 and 34, 2006; Nos. 8, 44 and 57, 2007; Nos. 115 and 144, 2008; No. 131, 2009; Nos. 3 and 106, 2010; Nos. 5 and 174, 2011 |
|
S. 5AA ................................ |
ad. No. 44, 1996 |
|
|
am. No. 80, 2004 |
|
|
rep. No. 106, 2010 |
|
S. 5A .................................. |
ad. No. 119, 1987 |
|
ad. No. 119, 1987 |
|
|
|
am. No. 44, 1996 |
|
ad. No. 119, 1987 |
|
|
S. 5G .................................. |
ad. No. 119, 1987 |
|
|
am. No. 210, 1992; No. 55, 2001; No. 8, 2007 |
|
ad. No. 119, 1987 |
|
|
|
am. No. 80, 2004 |
|
ad. No. 119, 1987 |
|
|
Heading to s. 6A ............... |
rs. No. 44, 1996 |
|
S. 6A .................................. |
ad. No. 119, 1987 |
|
|
rs. No. 9, 1992 |
|
|
am. No. 44, 1996; No. 80, 2004; No. 34, 2006; No. 106, 2010 |
|
Heading to s. 6B ............... |
am. No. 44, 1996 |
|
S. 6B .................................. |
ad. No. 9, 1992 |
|
|
am. No. 44, 1996; No. 34, 2006 |
|
ad. No. 86, 2002 |
|
|
Part IB |
|
|
Heading to Part IB ............ |
ad. No. 119, 1987 |
|
S. 7 ..................................... |
am. No. 12, 1980; No. 119, 1987; No. 44, 1996 |
|
S. 7A .................................. |
ad. No. 24, 2001 |
|
S. 8 ..................................... |
rs. No. 12, 1980 |
|
S. 9 ..................................... |
am. No. 12, 1980 |
|
Part II |
|
|
Division 1 |
|
|
Heading to Div. 1 of Part II........................................ |
ad. No. 12, 1980 |
|
S. 10 ................................... |
am. No. 91, 1976 |
|
|
rs. No. 119, 1987 |
|
|
am. No. 115, 1990; No. 5, 2011 |
|
S. 11 .................................. . |
am. No. 44, 1996; No. 131, 2002 |
|
S. 12 ................................... |
am. No. 91, 1976; No. 12, 1980; No. 21, 1985; No. 168, 1986; Nos. 73 and 119, 1987; No. 9, 1992; No. 44, 1996; No. 131, 2002; No. 80, 2004; No. 44, 2007; No. 106, 2010; No. 174, 2011 |
|
S. 13 ................................... |
rs. No. 44, 1996 |
|
|
rep. No. 106, 2010 |
|
S. 14 ................................... |
am. No. 12, 1980; No. 21, 1985; No. 115, 1990 |
|
|
rep. No. 44, 1996 |
|
S. 14A ................................ |
ad. No. 12, 1980 |
|
|
rep. No. 44, 1996 |
|
S. 15 ................................... |
am. No. 12, 1980; No. 44, 1996; No. 131, 2002; No. 106, 2010 |
|
Heading to s. 16 ............... |
rs. No. 44, 1996 |
|
S. 16 ................................... |
am. No. 12, 1980; No. 21, 1985; No. 44, 1996; No. 131, 2002 |
|
S. 17 ................................... |
am. No. 91, 1976; No. 12, 1980 |
|
|
rs. No. 12, 1980 |
|
|
am. No. 21, 1985; No. 44, 1996; No. 131, 2002; No. 46, 2011 |
|
Notes to s. 17(1), (2)......... |
ad. No. 46, 2011 |
|
S. 17A ................................ |
ad. No. 12, 1980 |
|
|
am. No. 21, 1985 |
|
|
rep. No. 44, 1996 |
|
S. 17AA .............................. |
ad. No. 193, 1985 |
|
|
rep. No. 44, 1996 |
|
S. 17B ................................ |
ad. No. 12, 1980 |
|
S. 18 ................................... |
am. No. 91, 1976; No. 12, 1980 |
|
|
rs. No. 12, 1980 |
|
|
am. No. 21, 1985; No. 168, 1986; No. 44, 1996; No. 80, 2004; No. 106, 2010 |
|
ad. No. 152, 1997 |
|
|
S. 18A ................................ |
ad. No. 12, 1980 |
|
|
am. No. 44, 1996; No. 80, 2004 |
|
S. 19 ................................... |
am. No. 12, 1980; No. 74, 1981; No. 21, 1985; No. 119, 1987; No. 115, 1990; Nos. 9 and 143, 1992; No. 44, 1996; No. 131, 2002 |
|
S. 19AA .............................. |
ad. No. 119, 1987 |
|
|
rs. No. 44, 1996 |
|
|
am. No. 131, 2002 |
|
Heading to s. 19A ............. |
am. No. 44, 1996 |
|
S. 19A ................................ |
ad. No. 12, 1980 |
|
|
am. No. 44, 1996 |
|
S. 19B ................................ |
ad. No. 12, 1980 |
|
|
rep. No. 44, 1996 |
|
S. 20 ................................... |
am. No. 12, 1980 |
|
|
rs. No. 168, 1986 |
|
|
rep. No. 44, 1996 |
|
Division 2 |
|
|
Div. 2 of Part II .................. |
ad. No. 12, 1980 |
|
S. 20A ................................ |
ad. No. 12, 1980 |
|
|
am. No. 168, 1986; No. 152, 1997; No. 8, 2005 |
|
S. 20B ................................ |
ad. No. 12, 1980 |
|
|
am. No. 21, 1985; No. 168, 1986; No. 115, 1990; No. 44, 1996; No. 48, 1998; No. 44, 2007; No. 106, 2010 |
|
S. 20C ................................ |
ad. No. 12, 1980 |
|
|
am. No. 63, 1984 |
|
|
rep. No. 168, 1986 |
|
S. 20D ................................ |
ad. No. 12, 1980 |
|
|
am. No. 168, 1986; No. 119, 1987; No. 44, 1996; No. 11, 1997; No. 48, 1998 |
|
S. 20E ................................ |
ad. No. 12, 1980 |
|
|
am. No. 168, 1986; No. 44, 1996; No. 48, 1998; No. 5, 2011 |
|
S. 20F ................................ |
ad. No. 12, 1980 |
|
|
am. No. 168, 1986 |
|
S. 20G ................................ |
ad. No. 12, 1980 |
|
|
rs. No. 152, 1997; No. 8, 2005 |
|
Heading to s. 20H............. |
am. No. 152, 1997 |
|
|
rs. No. 8, 2005 |
|
S. 20H ................................ |
ad. No. 12, 1980 |
|
|
am. No. 21, 1985; No. 168, 1986; No. 152, 1997 |
|
|
rs. No. 8, 2005 |
|
|
am. No. 57, 2007 |
|
S. 20J ................................. |
ad. No. 12, 1980 |
|
|
am. No. 168, 1986; No. 44, 1996 (as am. by No. 125, 1999); No. 80, 2004 |
|
Part III |
|
|
Div. 1 of Part III ................. |
rep. No. 44, 1996 |
|
S. 21 ................................... |
am. No. 12, 1980 |
|
|
rep. No. 44, 1996 |
|
S. 22 ................................... |
rep. No. 44, 1996 |
|
Ss. 23, 24 ........................... |
am. No. 12, 1980 |
|
|
rep. No. 44, 1996 |
|
S. 25 ................................... |
am. No. 40, 1969 |
|
|
rs. No. 111, 1977 |
|
|
rep. No. 44, 1996 |
|
S. 26 ................................... |
am. No. 12, 1980 |
|
|
rep. No. 44, 1996 |
|
Division 2 |
|
|
S. 27 ................................... |
am. No. 161, 1976; No. 12, 1980; No. 176, 1981; No. 44, 1996; No. 194, 1999; No. 20, 2005 |
|
S. 28 ................................... |
am. No. 161, 1976; No. 12, 1980 |
|
|
rep. No. 44, 1996 |
|
Heading to s. 29 ............... |
rs. No. 44, 1996 |
|
S. 29 ................................... |
am. No. 12, 1980; No. 44, 1996 |
|
S. 30 ................................... |
am. No. 12, 1980; No. 119, 1987; No. 44, 1996; No. 194, 1999 |
|
S. 31 ................................... |
am. No. 12, 1980; No. 119, 1987; No. 143, 1992; No. 44, 1996; No. 80, 2004 |
|
S. 31A ................................ |
ad. No. 168, 1986 |
|
|
am. No. 115, 1990; No. 9, 1992 |
|
|
rep. No. 44, 1996 |
|
S. 33 ................................... |
am. No. 12, 1980; No. 44, 1996 |
|
S. 33A ................................ |
ad. No. 131, 2002 |
|
S. 34 ................................... |
am. No. 44, 1996 |
|
S. 34A ................................ |
ad. No. 119, 1987 |
|
S. 35 ................................... |
am. No. 12, 1980 |
|
|
rs. No. 12, 1980 |
|
|
rep. No. 44, 1996 |
|
|
ad. No. 20, 2005 |
|
|
am. No. 115, 2008 |
|
S. 35A ................................ |
ad. No. 8, 1988 |
|
|
am. No. 44, 1996; No. 194, 1999; No. 189, 2011 |
|
Note to s. 35A(3)................ |
ad. No. 189, 2011 |
|
S. 35B ................................ |
ad. No. 98, 2005 |
|
|
am. No. 115, 2008 |
|
S. 36 ................................... |
am. No. 44, 1996 |
|
S. 37 ................................... |
am. No. 12, 1980 |
|
|
rs. No. 9, 1992 |
|
S. 38 ................................... |
rs. No. 161, 1976 |
|
|
am. No. 38, 1988 |
|
|
rep. No. 44, 1996 |
|
S. 39 ................................... |
rep. No. 161, 1976 |
|
Part IV |
|
|
Division 1 |
|
|
S. 40 ................................... |
am. No. 12, 1980; No. 21, 1985; No. 119, 1987; No. 44, 1996; Nos. 86 and 131, 2002; No. 80, 2004; No. 20, 2005; No. 115, 2008 |
|
S. 41 ................................... |
am. No. 12, 1980; No. 193, 1985; No. 44, 1996; No. 131, 2002; No. 80, 2004; No. 106, 2010 |
|
S. 42 ................................... |
am. No. 12, 1980; No. 10, 1984; No. 5, 2011 |
|
Division 2 |
|
|
S. 43 ................................... |
am. No. 12, 1980; No. 143, 1992; No. 131, 2002 |
|
S. 44 ................................... |
am. No. 12, 1980; No. 21, 1985; No. 44, 1996; No. 106, 2010 |
|
S. 45 ................................... |
am. No. 44, 1996 |
|
S. 46 ................................... |
am. No. 12, 1980 |
|
S. 47 ................................... |
am. No. 44, 1996 |
|
S. 48 ................................... |
am. No. 121, 1968; No. 12, 1980 |
|
|
rep. No. 12, 1980 |
|
S. 50 ................................... |
am. No. 12, 1980; No. 74, 1981; No. 119, 1987; No. 44, 1996; No. 131, 2002 |
|
S. 51 ................................... |
am. No. 12, 1980 |
|
S. 52 ................................... |
am. No. 12, 1980; No. 74, 1981 (as am. by No. 176, 1981); No. 21, 1985; No. 44, 1996; No. 106, 2010 |
|
S. 53 ................................... |
am. No. 121, 1968; No. 12, 1980 |
|
S. 54 ................................... |
am. No. 12, 1980; No. 74, 1981; No. 21, 1985; No. 119, 1987; No. 44, 1996; No. 24, 2001; No. 131, 2002; No. 34, 2006; No. 106, 2010 |
|
Division 2A |
|
|
Div. 2A of Part IV ............... |
ad. No. 119, 1987 |
|
S. 54A ................................ |
ad. No. 119, 1987 |
|
|
am. No. 44, 1996; No. 106, 2010 |
|
S. 54B ................................ |
ad. No. 119, 1987 |
|
S. 54C ................................ |
ad. No. 119, 1987 |
|
|
am. No. 44, 1996; No. 106, 2010 |
|
Heading to s. 54D ............ |
rs. No. 44, 1996 |
|
ad. No. 119, 1987 |
|
|
|
am. No. 44, 1996 |
|
ad. No. 119, 1987 |
|
|
Division 3 |
|
|
S. 55 ................................... |
am. No. 122, 1970; No. 12, 1980; No. 74, 1981; No. 21, 1985; No. 119, 1987; No. 115, 1990; No. 143, 1992; No. 44, 1996; No. 131, 2002; No. 80, 2004; No. 34, 2006 |
|
S. 56 ................................... |
am. No. 122, 1970; No. 12, 1980 |
|
|
rs. No. 12, 1980 |
|
|
am. No. 74, 1981; No. 21, 1985; No. 119, 1987; No. 115, 1990; No. 143, 1992 |
|
|
rep. No. 44, 1996 |
|
ad. No. 44, 1996 |
|
|
|
am. No. 80, 2004 |
|
ad. No. 44, 1996 |
|
|
S. 56E ................................ |
ad. No. 44, 1996 |
|
|
am. No. 131, 2002 |
|
S. 56F ................................ |
ad. No. 44, 1996 |
|
|
am. No. 24, 2001; No. 131, 2002; No. 106, 2010 |
|
S. 56G ................................ |
ad. No. 44, 1996 |
|
|
am. No. 131, 2002; No. 34, 2006 |
|
S. 57 ................................... |
rs. No. 12, 1980 |
|
|
am. No. 74, 1981; No. 21, 1985; No. 119, 1987; No. 115, 1990; No. 143, 1992; No. 44, 1996; No. 131, 2002; No. 80, 2004; No. 34, 2006 |
|
S. 57A ................................ |
ad. No. 12, 1980 |
|
|
am. No. 44, 1996 |
|
Division 4 |
|
|
Heading to s. 58................ |
am. No. 86, 2002 |
|
S. 58 ................................... |
am. No. 12, 1980; No. 74, 1981; No. 73, 1987; No. 44, 1996; No. 86, 2002 |
|
Note to s. 58(1).................. |
ad. No. 86, 2002 |
|
Renumbered Note 1...... |
No. 34, 2006 |
|
Note 2 to s. 58(1)............... |
ad. No. 34, 2006 |
|
ad. No. 86, 2002 |
|
|
|
am. No. 174, 2011 |
|
S. 59 ................................... |
am. No. 12, 1980 |
|
|
rs. No. 12, 1980 |
|
|
am. No. 119, 1987; No. 143, 1992; No. 44, 1996; No. 57, 2007 |
|
Heading to s. 59A.............. |
am. No. 115, 2008 |
|
S. 59A ................................ |
ad. No. 20, 2005 |
|
|
am. No. 115, 2008 |
|
S. 60 ................................... |
am. No. 12, 1980; No. 73, 1987; No. 44, 1996; No. 86, 2002; No. 144, 2008 |
|
Note to s. 60(4).................. |
ad. No. 144, 2008 |
|
S. 61 ................................... |
am. No. 44, 1996 |
|
S. 63 ................................... |
am. No. 44, 1996 |
|
Division 5 |
|
|
Heading to Div. 5 ............. |
am. No. 119, 1987; No. 115, 1990 |
|
|
rs. No. 9, 1992 |
|
Subdivision A |
|
|
Subdiv. A of Div. 5 ............ |
ad. No. 9, 1992 |
|
S. 63A ................................ |
ad. No. 9, 1992 |
|
|
am. No. 44, 1996 |
|
S. 63B ................................ |
ad. No. 9, 1992 |
|
Subdivision B |
|
|
Heading to Subdiv. B ....... |
ad. No. 9, 1992 |
|
S. 64 ................................... |
rs. No. 12, 1980 |
|
|
am. No. 74, 1981; No. 21, 1985 |
|
|
rs. No. 119, 1987 |
|
|
am. No. 9, 1992; No. 131, 2002 |
|
ad. No. 9, 1992 |
|
|
|
am. No. 80, 2004 |
|
ad. No. 9, 1992 |
|
|
S. 64D ................................ |
ad. No. 9, 1992 |
|
|
am. No. 44, 1996 |
|
ad. No. 9, 1992 |
|
|
S. 64G ................................ |
ad. No. 9, 1992 |
|
|
am. No. 44, 1996 |
|
Subdivision C |
|
|
ad. No. 9, 1992 |
|
|
Subdivision D |
|
|
ad. No. 9, 1992 |
|
|
S. 64M ................................ |
ad. No. 9, 1992 |
|
Note to s. 64M(1)............... |
ad. No. 131, 2002 |
|
S. 64N ................................ |
ad. No. 9, 1992 |
|
|
am. No. 131, 2002 |
|
ad. No. 9, 1992 |
|
|
S. 64U ................................ |
ad. No. 9, 1992 |
|
|
am. No. 44, 1996; No. 131, 2002; No. 106, 2010 |
|
ad. No. 9, 1992 |
|
|
Subdivision E |
|
|
ad. No. 9, 1992 |
|
|
S. 64Z ................................ |
ad. No. 9, 1992 |
|
|
am. No. 44, 1996; No. 131, 2002 |
|
S. 64ZA .............................. |
ad. No. 9, 1992 |
|
|
am. No. 131, 2002 |
|
S. 64ZB .............................. |
ad. No. 9, 1992 |
|
|
am. No. 44, 1996; No. 131, 2002 |
|
S. 64ZBA ............................ |
ad. No. 131, 2002 |
|
|
am. No. 106, 2010 |
|
S. 64ZC .............................. |
ad. No. 9, 1992 |
|
ad. No. 9, 1992 |
|
|
|
am. No. 106, 2010 |
|
ad. No. 9, 1992 |
|
|
S. 65 ................................... |
am. No. 119, 1987 |
|
|
rep. No. 9, 1992 |
|
S. 66 ................................... |
am. No. 12, 1980; No. 119, 1987 |
|
|
rep. No. 9, 1992 |
|
S. 67 ................................... |
am. No. 119, 1987 |
|
|
rep. No. 9, 1992 |
|
S. 68 ................................... |
am. No. 12, 1980; No. 119, 1987 |
|
|
rep. No. 9, 1992 |
|
S. 69 ................................... |
am. No. 121, 1968 |
|
|
rs. No. 12, 1980 |
|
|
am. No. 74, 1981; No. 21, 1985; No. 119, 1987 |
|
|
rep. No. 115, 1990 |
|
Division 5A |
|
|
Heading to Div. 5A ........... |
ad. No. 9, 1992 |
|
S. 70 ................................... |
am. No. 12, 1980; No. 119, 1987; No. 9, 1992; No. 44, 1996 |
|
S. 71 ................................... |
am. No. 12, 1980; No. 44, 1996; No. 80, 2004 |
|
Division 6 |
|
|
S. 73 ................................... |
am. No. 44, 1996; No. 131, 2002; No. 80, 2004; No. 106, 2010 |
|
S. 73A ................................ |
ad. No. 131, 2002 |
|
ad. No. 80, 2004 |
|
|
S. 74 ................................... |
am. No. 12, 1980; No. 119, 1987; No. 9, 1992; No. 44, 1996; No. 106, 2010 |
|
S. 74A ................................ |
ad. No. 131, 2002 |
|
S. 75 ................................... |
am. No. 122, 1970; No. 12, 1980; No. 9, 1992; No. 44, 1996; No. 80, 2004 |
|
S. 76 ................................... |
am. No. 119, 1987; No. 44, 1996 |
|
S. 76A ................................ |
ad. No. 9, 1992; No. 44, 1996 |
|
ad. No. 80, 2004 |
|
|
Part V |
|
|
Division 1 |
|
|
Heading to Div. 1 of Part V ........................................ |
ad. No. 9, 1992 |
|
S. 77 ................................... |
am. No. 119, 1987; No. 44, 1996; No. 131, 2002 |
|
Heading to s. 77AA .......... |
am. No. 44, 1996 |
|
S. 77AA .............................. |
ad. No. 9, 1992 |
|
|
am. No. 44, 1996 |
|
Heading to s. 77A ............. |
am. No. 131, 2002 |
|
S. 77A ................................ |
ad. No. 119, 1987 |
|
|
am. No. 131, 2002 |
|
S. 77B ................................ |
ad. No. 119, 1987 |
|
|
rep. No. 131, 2002 |
|
ad. No. 9, 1992 |
|
|
|
am. Nos. 33 and 34, 2006 |
|
S. 77CA............................... |
ad. No. 106, 2010 |
|
ad. No. 9, 1992 |
|
|
S. 77E ................................ |
ad. No. 9, 1992 |
|
|
am. No. 44, 1996 |
|
S. 77F ................................ |
ad. No. 9, 1992 |
|
S. 78 ................................... |
am. No. 121, 1968; No. 12, 1980; No. 119, 1987; No. 44, 1996 |
|
S. 79 ................................... |
am. No. 56, 1975; No. 12, 1980 |
|
|
rep. No. 44, 1996 |
|
S. 80 ................................... |
am. No. 12, 1980; No. 9, 1992; No. 44, 1996; No. 24, 2001; No. 131, 2002 |
|
S. 81 ................................... |
am. No. 121, 1968 |
|
|
rs. No. 12, 1980 |
|
|
am. No. 21, 1985; No. 119, 1987; No. 115, 1990; No. 9, 1992; No. 44, 1996; No. 33, 2006 |
|
Division 2 |
|
|
Div. 2 of Part V .................. |
ad. No. 9, 1992 |
|
ad. No. 9, 1992 |
|
|
Division 3 |
|
|
Div. 3 of Part V................... |
ad. No. 9, 1992 |
|
S. 81G ................................ |
ad. No. 9, 1992 |
|
Part VI |
|
|
Division 1 |
|
|
S. 82 ................................... |
am. No. 12, 1980; Nos. 73 and 119, 1987; No. 210, 1992; No. 44, 1996; No. 55, 2001; Nos. 86 and 131, 2002; No. 150, 2003 |
|
Note to s. 82(1).................. |
ad. No. 86, 2001 |
|
|
rep. No. 150, 2003 |
|
S. 83 ................................... |
am. No. 44, 1996 |
|
am. No. 12, 1980; No. 44, 1996; No. 137, 2000 |
|
|
S. 86 ................................... |
am. No. 44, 1996 |
|
am. No. 12, 1980; No. 44, 1996 |
|
|
S. 92 ................................... |
am. No. 44, 1996 |
|
am. No. 12, 1980; No. 44, 1996 |
|
|
S. 98 ................................... |
am. No. 44, 1996 |
|
S. 99 ................................... |
am. No. 12, 1980; No. 44, 1996 |
|
|
rep. No. 131, 2002 |
|
S. 100 ................................. |
am. No. 12, 1980; No. 44, 1996 |
|
S. 101 ................................. |
am. No. 12, 1980; No. 119, 1987 |
|
S. 102 ................................. |
am. No. 12, 1980; No. 44, 1996 |
|
S. 103 ................................. |
am. No. 12, 1980 |
|
|
rs. No. 131, 2002 |
|
S. 104 ................................. |
am. No. 12, 1980; No. 131, 2002 |
|
S. 105 ................................. |
am. No. 12, 1980 |
|
S. 106 ................................. |
am. No. 12, 1980; No. 44, 1996 |
|
Heading to s. 107 ............. |
am. No. 44, 1996 |
|
S. 107 ................................. |
am. No. 12, 1980; No. 44, 1996 |
|
Division 2 |
|
|
Subdivision A |
|
|
Heading to Subdiv. A ....... |
ad. No. 86, 2002 |
|
Note to s. 108..................... |
ad. No. 86, 2002 |
|
S. 109 ................................. |
am. No. 122, 1970; No. 12, 1980 |
|
|
rs. No. 12, 1980 |
|
|
am. No. 18, 1983; No. 21, 1985; No. 154, 1986; No. 119, 1987; No. 115, 1990; No. 32, 1993; No. 170, 1995; No. 44, 1996; Nos. 51 and 131, 2002; No. 80, 2004; SLI 2006 No. 50; No. 101, 2006; No. 54, 2009 |
|
S. 109A .............................. |
ad. No. 21, 1985 |
|
S. 110 ................................. |
am. No. 44, 1996 |
|
Ss. 111, 112 ....................... |
am. No. 12, 1980 |
|
|
rep. No. 119, 1987 |
|
am. No. 44, 1996 |
|
|
am. No. 44, 1996; No. 80, 2004 |
|
|
Subdivision B |
|
|
Subdiv. B of Div. 2............. |
ad. No. 86, 2002 |
|
ad. No. 86, 2002 |
|
|
Heading to s. 114C........... |
am. No. 174, 2011 |
|
ad. No. 86, 2002 |
|
|
|
am. No. 174, 2011 |
|
Division 3 |
|
|
Subdivision A |
|
|
Heading to Subdiv. A ....... |
ad. No. 57, 2007 |
|
S. 115 ................................. |
am. No. 12, 1980; No. 44, 1996; No. 131, 2002 |
|
S. 116 ................................. |
am. No. 12, 1980; No. 168, 1986; No. 119, 1987; No. 115, 1990; No. 143, 1992; No. 82, 1993; No. 84, 1994; No. 44, 1996; Nos. 62 and 179, 1997; No. 38, 1999; Nos. 22 and 144, 2000; No. 61, 2001; No. 131, 2002; No. 20, 2005; No. 33, 2006; Nos. 15 and 57, 2007; Nos. 115 and 144, 2008 |
|
S. 117 ................................. |
am. No. 12, 1980; No. 44, 1996 |
|
am. No. 12, 1980 |
|
|
|
rs. No. 12, 1980 |
|
|
am. No. 44, 1996 |
|
S. 119A .............................. |
ad. No. 12, 1980 |
|
|
am. No. 168, 1986; No. 44, 1996 |
|
S. 120 ................................. |
am. No. 12, 1980; No. 119, 1987 |
|
|
rs. No. 44, 1996 |
|
|
am. No. 33, 2006; Nos. 115 and 144, 2008 |
|
Note to s. 120(1)................ |
ad. No. 33, 2006 |
|
S. 121 ................................. |
rs. No. 44, 1996 |
|
|
am. No. 33, 2006; No. 57, 2007; Nos. 115 and 144, 2008 |
|
Note to s. 121(1)................ |
ad. No. 33, 2006 |
|
ad. No. 33, 2006 |
|
|
S. 122 ................................. |
am. No. 12, 1980; No. 32, 1993; No. 44, 1996 |
|
Heading to s. 123 ............. |
am. No. 44, 1996 |
|
S. 123 ................................. |
am. No. 12, 1980; No. 119, 1987; No. 32, 1993; No. 44, 1996; No. 57, 2007 |
|
S. 124 ................................. |
am. No. 12, 198; No. 44, 1996 |
|
S. 125 ................................. |
am. No. 12, 1980; No. 21, 1985; No. 44, 1996; No. 48, 1998; No. 44, 1999; No. 20, 2005 |
|
S. 126 ................................. |
am. No. 12, 1980; No. 44, 1996; No. 48, 1998 |
|
am. No. 12, 1980; No. 44, 1996 |
|
|
Subdivision B |
|
|
Subdiv. B of Div. 3 ............ |
ad. No. 57, 2007 |
|
ad. No. 57, 2007 |
|
|
|
am. No. 57, 2007 |
|
ad. No. 57, 2007 |
|
|
ad. No. 57, 2007 |
|
|
Ss. 128EJ-128M................ |
ad. No. 57, 2007 |
|
ad. No. 57, 2007 |
|
|
|
am. No. 57, 2007 |
|
Division 4 |
|
|
S. 129 ................................. |
am. No. 12, 1980; No. 119, 1987; No. 44, 1996 |
|
S. 129AA ............................ |
ad. No. 131, 2002 |
|
S. 129A .............................. |
ad. No. 115, 1990 |
|
S. 130 ................................. |
rs. No. 119, 1987 |
|
|
am. No. 115, 1990 |
|
S. 131 ................................. |
am. No. 12, 1980 |
|
|
rep. No. 9, 1992 |
|
S. 132 ................................. |
am. No. 12, 1980; No. 74, 1981; No. 21, 1985; No. 44, 1996 |
|
S. 133 ................................. |
am. No. 12, 1980; No. 119, 1987; No. 44, 1996 |
|
S. 134 ................................. |
am. No. 12, 1980; No. 119, 1987; No. 44, 1996; No. 131, 2002; No. 144, 2008 |
|
Heading to s. 135 ............. |
rs. No. 44, 1996 |
|
S. 135 ................................. |
am. No. 12, 1980; No. 119, 1987; No. 44, 1996 |
|
|
rep. No. 131, 2002 |
|
am. No. 12, 1980; No. 44, 1996 |
|
|
S. 138 ................................. |
am. No. 44, 1996 |
|
S. 139 ................................. |
am. No. 12, 1980; No. 21, 1985; No. 44, 1996 |
|
Division 4A |
|
|
Heading to Div. 4A ........... |
rs. No. 33, 2006 |
|
Div. 4A of Part VI ............... |
ad. No. 119, 1987 |
|
ad. No. 119, 1987 |
|
|
ad. No. 33, 2006 |
|
|
Heading to s. 139D........... |
am. No. 33, 2006 |
|
ad. No. 119, 1987 |
|
|
|
am. No. 115, 1990; No. 33, 2006 |
|
ad. No. 33, 2006 |
|
|
Heading to s. 139E............ |
am. No. 33, 2006 |
|
S. 139E .............................. |
ad. No. 119, 1987 |
|
|
am. No. 115, 1990; No. 33, 2006 |
|
ad. No. 33, 2006 |
|
|
ad. No. 119, 1987 |
|
|
|
am. No. 33, 2006 |
|
Heading to s. 139G........... |
am. No. 33, 2006 |
|
ad. No. 119, 1987 |
|
|
|
am. No. 33, 2006 |
|
Division 4B |
|
|
Div. 4B of Part VI ............... |
ad. No. 9, 1992 |
|
Subdivision A |
|
|
S. 139J ............................... |
ad. No. 9, 1992 |
|
Subdivision B |
|
|
S. 139K .............................. |
ad. No. 9, 1992 |
|
|
am. No. 81, 1992; No. 44, 1996; No. 131, 2002; No. 144, 2008 |
|
Subdivision C |
|
|
S. 139L ............................... |
ad. No. 9, 1992 |
|
|
am. No. 82, 1993; No. 184, 1994; No. 44, 1996; No. 62, 1997; No. 152, 1997; Nos. 45 and 93, 1998, No. 83, 1999; No. 131, 2002; Nos. 8 and 20, 2005 |
|
S. 139M .............................. |
ad. No. 9, 1992 |
|
S. 139N .............................. |
ad. No. 9, 1992 |
|
|
am. No. 44, 1996; No. 131, 2002 |
|
Subdivision D |
|
|
ad. No. 9, 1992 |
|
|
S. 139T .............................. |
ad. No. 9, 1992 |
|
|
am. No. 44, 1996 |
|
|
rs. No. 131, 2002 |
|
Subdivision E |
|
|
S. 139U .............................. |
ad. No. 9, 1992 |
|
|
am. No. 170, 1995; No. 48, 1998; No. 179, 1999; No. 131, 2002 |
|
S. 139V .............................. |
ad. No. 9, 1992 |
|
Subdivision F |
|
|
S. 139W ............................. |
ad. No. 9, 1992 |
|
|
am. No. 44, 1996; No. 131, 2002; No. 80, 2004 |
|
S. 139WA ........................... |
ad. No. 131, 2002 |
|
S. 139X .............................. |
ad. No. 9, 1992 |
|
S. 139Y .............................. |
ad. No. 9, 1992 |
|
|
am. SLI 2006 No. 50; No. 54, 2009 |
|
S. 139Z .............................. |
ad. No. 9, 1992 |
|
Subdivision G |
|
|
S. 139ZA ............................ |
ad. No. 9, 1992 |
|
|
am. No. 131, 2002 |
|
S. 139ZB ............................ |
ad. No. 9, 1992 |
|
|
rep. No. 44, 1996 |
|
ad. No. 9, 1992 |
|
|
S. 139ZE ............................ |
ad. No. 9, 1992 |
|
|
am. No. 131, 2002 |
|
S. 139ZF ............................ |
ad. No. 9, 1992 |
|
|
rs. No. 131, 2002 |
|
Subdivision H |
|
|
S. 139ZG ........................... |
ad. No. 9, 1992 |
|
|
am. No. 11, 1993; No. 131, 2002; No. 34, 2006 |
|
ad. No. 9, 1992 |
|
|
Subdivision HA |
|
|
Subdiv. HA of Div. 4B ....... |
ad. No. 20, 2005 |
|
Ss. 139ZIA-139ZID............ |
ad. No. 20, 2005 |
|
ad. No. 20, 2005 |
|
|
ad. No. 20, 2005 |
|
|
ad. No. 20, 2005 |
|
|
Ss. 139ZIF-139ZIH............ |
ad. No. 20, 2005 |
|
ad. No. 20, 2005 |
|
|
ad. No. 20, 2005 |
|
|
ad. No. 20, 2005 |
|
|
Ss. 139ZIJ-139ZIP............. |
ad. No. 20, 2005 |
|
Ss. 139ZIR-139ZIT............ |
ad. No. 20, 2005 |
|
Subdivision I |
|
|
ad. No. 9, 1992 |
|
|
Subdivision J |
|
|
ad. No. 9, 1992 |
|
|
|
am. No. 57, 2007 |
|
ad. No. 9, 1992 |
|
|
Subdivision K |
|
|
Subdiv. K of Div. 4B .......... |
ad. No. 57, 2007 |
|
ad. No. 57, 2007 |
|
|
Div. 4C of Part VI .............. |
ad. No. 9, 1992 |
|
|
rep. No. 131, 2002 |
|
ad. No. 9, 1992 |
|
|
|
am. No. 44, 1996 |
|
|
rep. No. 131, 2002 |
|
Ss. 139ZW, 139ZX ............ |
ad. No. 9, 1992 |
|
|
rep. No. 131, 2002 |
|
S. 139ZY............................. |
ad. No. 9, 1992 |
|
|
am. No. 44, 1996 |
|
|
rep. No. 131, 2002 |
|
Heading to s. 139ZZ ........ |
rs. No. 44, 1996 |
|
|
rep. No. 131, 2002 |
|
S. 139ZZ ............................ |
ad. No. 9, 1992 |
|
|
am. No. 44, 1996 |
|
|
rep. No. 131, 2002 |
|
Division 5 |
|
|
S. 140 ................................. |
am. No. 121, 1968; No. 12, 1980; No. 119, 1987; No. 44, 1996; No. 20, 2005; No. 34, 2006; No. 115, 2008 |
|
S. 144 ................................. |
am. No. 44, 1996 |
|
S. 145 ................................. |
rs. No. 12, 1980 |
|
|
am. No. 44, 1996; No. 131, 2002 |
|
S. 146 ................................. |
am. No. 44, 1996 |
|
S. 147 ................................. |
rs. No. 12, 1980 |
|
Part VII |
|
|
Heading to Part VII ........... |
rs. No. 9, 1992 |
|
Division 1 |
|
|
Div. 1 of Part VII................. |
ad. No. 9, 1992 |
|
S. 148 ................................. |
am. No. 73, 1987 |
|
|
rs. No. 9, 1992 |
|
Division 2 |
|
|
Div. 2 of Part VII ................ |
ad. No. 9, 1992 |
|
Subdivision A |
|
|
ad. No. 9, 1992 |
|
|
|
am. No. 12, 1980 |
|
|
rs. No. 12, 1980 |
|
|
am. No. 74, 1981; No. 115, 1990 |
|
|
rs. No. 9, 1992 |
|
|
am. No. 44, 1996; No. 131, 2002 |
|
S. 149A .............................. |
ad. No. 115, 1990 |
|
|
rs. No. 9, 1992 |
|
|
am. No. 131, 2002; No. 57, 2007; No. 106, 2010 |
|
Subdivision B |
|
|
S. 149B .............................. |
ad. No. 9, 1992 |
|
|
am. No. 44, 1996; No. 131, 2002 |
|
S. 149C .............................. |
ad. No. 9, 1992 |
|
|
am. No. 131, 2002; No. 106, 2010 |
|
S. 149D .............................. |
ad. No. 9, 1992 |
|
|
am. No. 55, 2001; No. 131, 2002; No. 57, 2007; No. 106, 2010 |
|
S. 149E .............................. |
ad. No. 9, 1992 |
|
|
rep. No. 44, 1996 |
|
Heading to s. 149F ........... |
am. No. 44, 1996 |
|
S. 149F .............................. |
ad. No. 9, 1992 |
|
|
am. No. 44, 1996; No. 131, 2002 |
|
S. 149G .............................. |
ad. No. 9, 1992 |
|
|
am. No. 44, 1996 |
|
Heading to s. 149H .......... |
am. No. 131, 2002 |
|
ad. No. 9, 1992 |
|
|
|
rs. No. 44, 1996 |
|
|
am. No. 131, 2002 |
|
Subdivision C |
|
|
S. 149K .............................. |
ad. No. 9, 1992 |
|
|
am. No. 131, 2002 |
|
S. 149L ............................... |
ad. No. 9, 1992 |
|
|
rep. No. 44, 1996 |
|
S. 149M .............................. |
ad. No. 9, 1992 |
|
|
am. No. 131, 2002 |
|
ad. No. 9, 1992 |
|
|
|
am. No. 131, 2002; No. 106, 2010 |
|
S. 149P .............................. |
ad. No. 9, 1992 |
|
|
am. No. 131, 2002 |
|
S. 149Q .............................. |
ad. No. 9, 1992 |
|
|
rs. No. 131, 2002 |
|
Div. 3 of Part VII ................ |
ad. No. 9, 1992 |
|
|
rep. No. 131, 2002 |
|
S. 149R .............................. |
ad. No. 9, 1992 |
|
|
am. No. 44, 1996 |
|
|
rep. No. 131, 2002 |
|
Ss. 149S-149Z................... |
ad. No. 9, 1992 |
|
|
rep. No. 131, 2002 |
|
Ss. 149ZA-149ZC.............. |
ad. No. 9, 1992 |
|
|
rep. No. 131, 2002 |
|
S. 149ZD ............................ |
ad. No. 9, 1992 |
|
|
am. No. 55, 2001 |
|
|
rep. No. 131, 2002 |
|
S. 149ZE ............................ |
ad. No. 9, 1992 |
|
|
rep. No. 131, 2002 |
|
S. 149ZF ............................ |
ad. No. 9, 1992 |
|
|
am. No. 44, 1996 |
|
|
rep. No. 131, 2002 |
|
Ss. 149ZG, 149ZH ............ |
ad. No. 9, 1992 |
|
|
rep. No. 131, 2002 |
|
S. 149ZI ............................. |
ad. No. 9, 1992 |
|
|
rep. No. 44, 1996 |
|
Ss. 149ZJ-149ZM ............. |
ad. No. 9, 1992 |
|
|
rep. No. 131, 2002 |
|
S. 150 ................................. |
am. No. 12, 1980; No. 74, 1981; No. 21, 1985; No. 119, 1987 |
|
|
rep. No. 9, 1992 |
|
S. 151 ................................. |
am. No. 12, 1980 |
|
|
rep. No. 9, 1992 |
|
Division 4 |
|
|
Heading to Div. 4 ............. |
ad. No. 9, 1992 |
|
S. 152 ................................. |
am. No. 12, 1980 |
|
|
rs. No. 9, 1992 |
|
S. 153 ................................. |
am. No. 12, 1980; No. 73, 1987; No. 9, 1992; No. 44, 1996; No. 86, 2002 |
|
Note to s. 153(1)................ |
ad. No. 86, 2001 |
|
Note to s. 153(2)................ |
ad. No. 86, 2002 |
|
Division 5 |
|
|
Div. 5 of Part VII ................ |
ad. No. 9, 1992 |
|
ad. No. 9, 1992 |
|
|
|
am. No. 44, 1996; No. 131, 2002; No. 8, 2005; No. 106, 2010 |
|
ad. No. 9, 1992 |
|
|
|
am. No. 44, 1996; No. 131, 2002; No. 106, 2010 |
|
S. 154 ................................. |
am. No. 12, 1980 |
|
|
rs. No. 9, 1992 |
|
|
am. No. 86, 2002; No. 174, 2011 |
|
Part VIII |
|
|
Division 1 |
|
|
S. 154A .............................. |
ad. No. 115, 1990 |
|
|
rs. No. 44, 1996 |
|
|
am. No. 11, 1997; No. 34, 2006 |
|
S. 155 ................................. |
am. No. 12, 1980; No. 21, 1985; No. 119, 1987; No. 115, 1990 |
|
|
rs. No. 44, 1996 |
|
|
am. No. 11, 1997; No. 131, 2002 |
|
S. 155A .............................. |
ad. No. 115, 1990 |
|
|
rs. No. 44, 1996 |
|
|
am. No. 131, 2002; No. 44, 2007 |
|
S. 155B .............................. |
ad. No. 115, 1990 |
|
|
rs. No. 44, 1996 |
|
ad. No. 44, 1996 |
|
|
|
am. No. 11, 1997; No. 34, 2006 |
|
ad. No. 44, 1996 |
|
|
|
am. No. 11, 1997; No. 131, 2002; No. 34, 2006 |
|
ad. No. 44, 1996 |
|
|
S. 155H .............................. |
ad. No. 44, 1996 |
|
|
am. No. 131, 2002; No. 80, 2004; No. 44, 2007 |
|
S. 155I ................................ |
ad. No. 44, 1996 |
|
S. 155J ............................... |
ad. No. 44, 1996 |
|
|
am. No. 24, 2001; No. 106, 2010 |
|
ad. No. 34, 2006 |
|
|
S. 156 ................................. |
am. No. 12, 1980; No. 21, 1985; No. 115, 1990 |
|
|
rep. No. 44, 1996 |
|
S. 156A .............................. |
ad. No. 74, 1981 |
|
|
am. No. 44, 1996 |
|
S. 157 ................................. |
am. No. 12, 1980; No. 74, 1981; No. 119, 1987; No. 44, 1996 |
|
S. 158 ................................. |
am. No. 12, 1980; No. 74, 1981 |
|
S. 159 ................................. |
am. No. 12, 1980; No. 119, 1987 |
|
S. 160 ................................. |
am. No. 12, 1980 |
|
|
rs. No. 74, 1981 |
|
S. 161 ................................. |
am. No. 12, 1980; No. 44, 1996; No. 20, 2005 |
|
S. 161A .............................. |
ad. No. 21, 1985 |
|
|
rs. No. 44, 1996 |
|
Division 2 |
|
|
Heading to s. 161B ........... |
rs. No. 44, 1996 |
|
S. 161B .............................. |
ad. No. 9, 1992 |
|
|
am. No. 44, 1996; No. 131, 2002; No. 106, 2010 |
|
Heading to s. 162 ............. |
rs. No. 44, 1996 |
|
S. 162 ................................. |
am. No. 12, 1980; No. 9, 1992; No. 44, 1996; No. 131, 2002; No. 106, 2010 |
|
S. 163 ................................. |
am. No. 12, 1980 |
|
|
rs. No. 12, 1980 |
|
|
am. No. 44, 1996; No. 11, 1997; No. 8, 2005; No. 34, 2006 |
|
Note to s. 163..................... |
am. No. 80, 2004; No. 34, 2006 |
|
S. 163A .............................. |
ad. No. 9, 1992 |
|
|
am. No. 44, 1996; No. 8, 2005; No. 34, 2006 |
|
S. 164 ................................. |
am. No. 12, 1980 |
|
|
rs. No. 44, 1996 |
|
|
am. No. 131, 2002 |
|
S. 165 ................................. |
am. No. 12, 1980; No. 9, 1992; No. 44, 1996 |
|
S. 166 ................................. |
rep. No. 74, 1981 |
|
|
ad. No. 106, 2010 |
|
S. 167 ................................. |
am. No. 12, 1980; No. 44, 1996 |
|
|
rs. No. 106, 2010 |
|
Division 3 |
|
|
am. No. 12, 1980; No. 44, 1996; No. 48, 1998; No. 24, 2001; No. 106, 2010 |
|
|
am. No. 12, 1980; No. 44, 1996; No. 11, 1997; No. 48, 1998 |
|
|
am. No. 12, 1980; No. 44, 1996 |
|
|
S. 170A............................... |
ad. No. 106, 2010 |
|
S. 171 ................................. |
am. No. 12, 1980 |
|
|
rs. No. 11, 1997 |
|
S. 172 ................................. |
am. No. 12, 1980; No. 74, 1981; No. 129, 1989 |
|
|
rep. No. 11, 1997 |
|
am. No. 11, 1997; No. 24, 2001 |
|
|
Note to s. 173(1)................ |
ad. No. 106, 2010 |
|
S. 174 ................................. |
am. No. 12, 1980; No. 44, 1996 |
|
Heading to s. 175.............. |
am. No. 11, 1997 |
|
S. 175 ................................. |
am. No. 12, 1980; No. 74, 1981; No. 115,
1990; |
|
Note to s. 175(5)................ |
ad. No. 106, 2010 |
|
S. 176 ................................. |
rs. No. 12, 1980; No. 119, 1987 |
|
|
am. No. 115, 1990; No. 44, 1996 |
|
Division 4 |
|
|
S. 177 ................................. |
am. No. 119, 1987 |
|
S. 178 ................................. |
am. No. 44, 1996; No. 131, 2002 |
|
S. 179 ................................. |
am. No. 12, 1980; No. 21, 1985; No. 119, 1987; No. 44, 1996 |
|
Div. 4A of Part VIII ............. |
ad. No. 119, 1987 |
|
|
rep. No. 44, 1996 |
|
Ss. 179A-179K .................. |
ad. No. 119, 1987 |
|
|
rep. No. 44, 1996 |
|
Division 5 |
|
|
S. 180 ................................. |
am. No. 12, 1980 |
|
S. 181 ................................. |
am. No. 12, 1980; No. 74, 1981; No. 9, 1992; No. 44, 1996 |
|
S. 181A .............................. |
ad. No. 131, 2002 |
|
S. 182 ................................. |
am. No. 12, 1980; No. 44, 1996; No. 24, 2001; No. 106, 2010 |
|
am. No. 12, 1980; No. 44, 1996 |
|
|
S. 184A .............................. |
ad. No. 12, 1980 |
|
|
am. No. 44, 1996 |
|
Part IX |
|
|
Part IX ................................ |
rep. No. 12, 1980 |
|
|
ad. No. 44, 1996 |
|
Division 1 |
|
|
Heading to Div. 1 ............. |
rs. No. 44, 2007 |
|
Subhead. to s. 185(1) ....... |
rep. No. 44, 2007 |
|
S. 185 ................................. |
rep. No. 12, 1980 |
|
|
ad. No. 44, 1996 |
|
|
am. No. 131, 2002; No. 44, 2007; No. 46, 2011 |
|
Subhead. to s. 185A(1) ..... |
am. No. 131, 2002 |
|
|
rep. No. 44, 2007 |
|
Ss. 185A, 185B .................. |
ad. No. 44, 1996 |
|
|
am. No. 131, 2002 |
|
|
rep. No. 44, 2007 |
|
Division 2 |
|
|
Heading to s. 185C .......... |
am. No. 131, 2002 |
|
ad. No. 44, 1996 |
|
|
|
am. No. 131, 2002; No. 44, 2007 |
|
ad. No. 44, 2007 |
|
|
S. 185F .............................. |
ad. No. 44, 1996 |
|
|
am. No. 44, 2007 |
|
S. 185G .............................. |
ad. No. 44, 1996 |
|
|
am. No. 131, 2002; No. 44, 2007 |
|
Division 3 |
|
|
S. 185H .............................. |
ad. No. 44, 1996 |
|
|
rs. No. 44, 2007 |
|
S. 185I ................................ |
ad. No. 44, 1996 |
|
|
am. No. 44, 2007 |
|
S. 185J ............................... |
ad. No. 44, 1996 |
|
|
am. No. 86, 2002 |
|
|
rep. No. 44, 2007 |
|
S. 185K .............................. |
ad. No. 44, 1996 |
|
|
am. No. 86, 2002; No. 44, 2007 |
|
S. 185L ............................... |
ad. No. 44, 1996 |
|
|
rep. No. 44, 2007 |
|
Division 3A |
|
|
Div. 3A of Part IX ............... |
ad. No. 44, 2007 |
|
ad. No. 44, 2007 |
|
|
S. 185LEA........................... |
ad. No. 106, 2010 |
|
ad. No. 44, 2007 |
|
|
Division 4 |
|
|
Div. 4 of Part IX ................. |
ad. No. 44, 1996 |
|
S. 185M .............................. |
ad. No. 44, 1996 |
|
|
am. No. 131, 2002; No. 44, 2007 |
|
Note to s. 185M(2) ............ |
rep. No. 44, 2007 |
|
Note to s. 185M(3) ............ |
am. No. 44, 2007 |
|
ad. No. 44, 2007 |
|
|
Division 5 |
|
|
ad. No. 44, 1996 |
|
|
|
am. Nos. 86 and 131, 2002; No. 44, 2007 |
|
S. 185NA ............................ |
ad. No. 44, 2007 |
|
ad. No. 44, 1996 |
|
|
|
am. No. 131, 2002; No. 44, 2007 |
|
Note to s. 185P(2) ............. |
rep. No. 44, 2007 |
|
Note to s. 185P(3) ............. |
am. No. 44, 2007 |
|
ad. No. 44, 2007 |
|
|
ad. No. 44, 1996 |
|
|
|
am. No. 131, 2002 |
|
ad. No. 86, 2002 |
|
|
|
rs. No. 44, 2007 |
|
S. 185R .............................. |
ad. No. 44, 1996 |
|
ad. No. 44, 1996 |
|
|
|
am. No. 86, 2002; No. 80, 2004 |
|
Note to s. 185S ................. |
rep. No. 44, 2007 |
|
Division 6 |
|
|
S. 185T .............................. |
ad. No. 44, 1996 |
|
|
am. No. 131, 2002 |
|
S. 185U .............................. |
ad. No. 44, 1996 |
|
|
am. No. 44, 2007 |
|
S. 185V .............................. |
ad. No. 44, 1996 |
|
Note to s. 185V ................. |
rep. No. 44, 2007 |
|
Division 7 |
|
|
Heading to Div. 7 of Part IX............................. |
rs. No. 44, 2007 |
|
Heading to s. 185W ......... |
am. No. 131, 2002 |
|
S. 185W ............................. |
ad. No. 44, 1996 |
|
|
am. No. 131, 2002 |
|
Note to s. 185W(2)............ |
rs. No. 131, 2002 |
|
|
rep. No. 44, 2007 |
|
S. 185X .............................. |
ad. No. 44, 1996 |
|
S. 185XA ............................ |
ad. No. 44, 2007 |
|
S. 185Y .............................. |
ad. No. 44, 1996 |
|
|
am. No. 131, 2002 |
|
|
rs. No. 44, 2007 |
|
Note to s. 185Y.................. |
rep. No. 131, 2002 |
|
S. 185Z .............................. |
ad. No. 44, 1996 |
|
|
rs. No. 44, 2007 |
|
ad. No. 131, 2002 |
|
|
|
am. No. 106, 2010 |
|
ad. No. 131, 2002 |
|
|
|
rs. No. 44, 2007 |
|
ad. No. 131, 2002 |
|
|
|
am. No. 44, 2007 |
|
Ss. 185ZCA, 185ZCB ........ |
ad. No. 44, 2007 |
|
ad. No. 131, 2002 |
|
|
|
am. No. 44, 2007 |
|
S. 186 ................................. |
rep. No. 12, 1980 |
|
Division 8 |
|
|
Div. 8 of Part IX.................. |
ad. No. 44, 2007 |
|
Subdivision A |
|
|
ad. No. 44, 2007 |
|
|
Subdivision B |
|
|
ad. No. 44, 2007 |
|
|
ad. No. 44, 2007 |
|
|
|
am. No. 44, 2007 |
|
ad. No. 44, 2007 |
|
|
Subdivision C |
|
|
ad. No. 44, 2007 |
|
|
ad. No. 44, 2007 |
|
|
Subdivision D |
|
|
ad. No. 44, 2007 |
|
|
Subdivision E |
|
|
ad. No. 44, 2007 |
|
|
|
am. No. 44, 2007; No. 106, 2010 |
|
ad. No. 44, 2007 |
|
|
Part X |
|
|
Heading to Part X.............. |
rs. No. 80, 2004 |
|
Division 1 |
|
|
S. 187 ................................. |
am. No. 122, 1970; No. 12, 1980; No. 44, 1996; No. 80, 2004 |
|
S. 187A .............................. |
ad. No. 12, 1980 |
|
|
rs. No. 119, 1987 |
|
Division 2 |
|
|
Heading to s. 188 ............. |
am. No. 44, 1996; No. 80, 2004 |
|
S. 188 ................................. |
am. No. 12, 1980; No. 119, 1987; No. 44, 1996; No. 131, 2002; No. 80, 2004; No. 34, 2006; No. 106, 2010 |
|
S. 188A .............................. |
ad. No. 44, 1996 |
|
|
rs. No. 80, 2004 |
|
ad. No. 80, 2004 |
|
|
|
am. No. 34, 2006 |
|
Heading to s. 189 ............. |
rs. No. 44, 1996 |
|
S. 189 ................................. |
am. No. 12, 1980; No. 21, 1985; No. 119, 1987; No. 44, 1996; No. 131, 2002; No. 80, 2004 |
|
ad. No. 80, 2004 |
|
|
ad. No. 44, 1996 |
|
|
|
am. No. 86, 2002 |
|
ad. No. 44, 1996 |
|
|
ad. No. 80, 2004 |
|
|
Heading to s. 189A............ |
am. No. 80, 2004 |
|
ad. No. 119, 1987 |
|
|
|
rs. No. 44, 1996 |
|
|
am. No. 80, 2004 |
|
ad. No. 119, 1987 |
|
|
|
rs. No. 44, 1996 |
|
Heading to s. 190 ............. |
am. No. 44, 1996 |
|
S. 190 ................................. |
am. No. 12, 1980; No. 74, 1981; No. 119, 1987; No. 44, 1996; No. 86, 2002; No. 80, 2004 |
|
ad. No. 80, 2004 |
|
|
S. 191 ................................. |
am. No. 12, 1980; No. 44, 1996 |
|
S. 192 ................................. |
am. No. 12, 1980 |
|
|
rs. No. 12, 1980 |
|
|
am. No. 119, 1987 |
|
|
rs. No. 44, 1996 |
|
|
am. No. 80, 2004 |
|
S. 193 ................................. |
rs. No. 12, 1980 |
|
|
am. No. 119, 1987 |
|
|
rep. No. 44, 1996 |
|
S. 194 ................................. |
am. No. 12, 1980; No. 119, 1987 |
|
|
rs. No. 44, 1996; No. 80, 2004 |
|
ad. No. 80, 2004 |
|
|
S. 195 ................................. |
am. No. 12, 1980; No. 119, 1987; No. 44, 1996 |
|
S. 196 ................................. |
rs. No. 44, 1996 |
|
S. 197 ................................. |
rep. No. 44, 1996 |
|
S. 198 ................................. |
am. No. 12, 1980; No. 119, 1987 |
|
|
rep. No. 44, 1996 |
|
S. 199 ................................. |
rep. No. 44, 1996 |
|
S. 200 ................................. |
am. No. 119, 1987 |
|
|
rep. No. 44, 1996 |
|
Ss. 201-203 ....................... |
am. No. 12, 1980 |
|
|
rep. No. 44, 1996 |
|
Heading to s. 204.............. |
am. No. 80, 2004 |
|
S. 204 ................................. |
am. No. 12, 1980; No. 119, 1987; No. 44, 1996; No. 80, 2004 |
|
S. 205 ................................. |
am. No. 12, 1980 |
|
|
rs. No. 12, 1980 |
|
|
am. No. 44, 1996; No. 80, 2004 |
|
Heading to s. 205A............ |
am. No. 80, 2004 |
|
S. 205A .............................. |
ad. No. 12, 1980 |
|
|
am. No. 44, 1996; No. 80, 2004 |
|
Heading to s. 206.............. |
am. No. 80, 2004 |
|
S. 206 ................................. |
am. No. 12, 1980; No. 44, 1996; No. 80, 2004 |
|
S. 207 ................................. |
am. No. 12, 1980; No. 44, 1996; No. 131, 2002; No. 80, 2004 |
|
S. 208 ................................. |
am. No. 12, 1980 |
|
|
rs. No. 44, 1996 |
|
Heading to s. 209.............. |
am. No. 80, 2004 |
|
S. 209 ................................. |
am. No. 12, 1980; No. 44, 1996; No. 80, 2004 |
|
S. 210 ................................. |
am. No. 12, 1980 |
|
|
rs. No. 44, 1996 |
|
S. 211 ................................. |
am. No. 12, 1980; No. 21, 1985; No. 115, 1990 |
|
|
rep. No. 44, 1996 |
|
|
ad. No. 80, 2004 |
|
S. 212 ................................. |
am. No. 12, 1980 |
|
|
rs. No. 12, 1980; No. 119, 1987 |
|
|
am. No. 115, 1990 |
|
|
rep. No. 44, 1996 |
|
S. 212A .............................. |
ad. No. 12, 1980 |
|
|
rep. No. 44, 1996 |
|
S. 212B .............................. |
ad. No. 12, 1980 |
|
|
am. No. 119, 1987; No. 115, 1990 |
|
|
rep. No. 44, 1996 |
|
Ss. 212C-212F .................. |
ad. No. 119, 1987 |
|
|
rep. No. 44, 1996 |
|
Division 3 |
|
|
S. 213 ................................. |
am. No. 12, 1980 |
|
|
rep. No. 80, 2004 |
|
S. 214 ................................. |
am. No. 12, 1980; No. 44, 1996 |
|
|
rep. No. 80, 2004 |
|
S. 215 ................................. |
rs. No. 44, 1996; No. 80, 2004 |
|
Heading to s. 215A............ |
am. No. 80, 2004 |
|
S. 215A .............................. |
ad. No. 119, 1987 |
|
|
am. No. 44, 1996; No. 80, 2004 |
|
S. 215B .............................. |
ad. No. 119, 1987 |
|
|
rep. No. 44, 1996 |
|
Heading to s. 216.............. |
am. No. 80, 2004 |
|
S. 216 ................................. |
am. No. 12, 1980; No. 80, 2004 |
|
Heading to s. 217.............. |
am. No. 80, 2004 |
|
S. 217 ................................. |
am. No. 12, 1980 |
|
|
rs. No. 12, 1980 |
|
|
am. No. 44, 1996; No. 80, 2004 |
|
Heading to s. 218.............. |
am. No. 80, 2004 |
|
am. No. 12, 1980; No. 119, 1987; No. 44, 1996; No. 80, 2004; No. 106, 2010 |
|
|
am. No. 12, 1980; No. 44, 1996; No. 80, 2004 |
|
|
Heading to s. 220.............. |
am. No. 80, 2004 |
|
am. No. 12, 1980; No. 44, 1996; No. 80, 2004 |
|
|
Heading to s. 221.............. |
am. No. 80, 2004 |
|
S. 221 ................................. |
am. No. 122, 1970; No. 12, 1980; No. 119, 1987; No. 44, 1996; No. 80, 2004 |
|
ad. No. 80, 2004 |
|
|
S. 222 ................................. |
am. No. 122, 1970; No. 12, 1980; No. 119, 1987; No. 44, 1996; No. 131, 2002 |
|
|
rs. No. 80, 2004 |
|
ad. No. 80, 2004 |
|
|
S. 223 ................................. |
am. No. 12, 1980; No. 119, 1987; No. 44, 1996; No. 80, 2004 |
|
S. 223A .............................. |
ad. No. 12, 1980 |
|
|
am. No. 119, 1987 |
|
|
rs. No. 44, 1996 |
|
|
am. No. 80, 2004 |
|
S. 224 ................................. |
am. No. 12, 1980; No. 44, 1996; No. 131, 2002 |
|
|
rs. No. 80, 2004 |
|
S. 224A .............................. |
ad. No. 12, 1980 |
|
|
am. No. 44, 1996 |
|
|
rs. No. 80, 2004 |
|
|
am. No. 106, 2010 |
|
Heading to s. 225.............. |
am. No. 80, 2004 |
|
S. 225 ................................. |
am. No. 12, 1980; No. 80, 2004 |
|
Heading to s. 226.............. |
am. No. 80, 2004 |
|
S. 226 ................................. |
rs. No. 12, 1980 |
|
|
am. No. 119, 1987; No. 44, 1996; No. 131, 2002; No. 80, 2004; No. 34, 2006 |
|
Heading to s. 227.............. |
am. No. 80, 2004 |
|
S. 227 ................................. |
am. No. 12, 1980; No. 80, 2004 |
|
Div. 4 of Part X................... |
rep. No. 80, 2004 |
|
S. 228 ................................. |
am. No. 12, 1980; No. 44, 1996 |
|
|
rep. No. 80, 2004 |
|
S. 229 ................................. |
am. No. 12, 1980 |
|
|
rs. No. 80, 2004 |
|
S. 230 ................................. |
am. No. 12, 1980; No. 44, 1996 |
|
|
rs. No. 80, 2004 |
|
S. 231 ................................. |
am. No. 12, 1980; No. 193, 1985; No. 119, 1987; No. 9, 1992; No. 44, 1996 |
|
|
rs. No. 80, 2004 |
|
S. 231A .............................. |
ad. No. 9, 1992 |
|
|
am. No. 86, 2002 |
|
|
rs. No. 80, 2004 |
|
|
am. No. 174, 2011 |
|
S. 232 ................................. |
am. No. 12, 1980; No. 44, 1996 |
|
|
rs. No. 80, 2004 |
|
Div. 5 of Part X................... |
rep. No. 80, 2004 |
|
S. 233.................................. |
am. No. 12, 1980; No. 44, 1996 |
|
|
rep. No. 80, 2004 |
|
S. 234 ................................. |
am. No. 44, 1996 |
|
|
rep. No. 80, 2004 |
|
Ss. 234A, 234B .................. |
ad. No. 131, 2002 |
|
|
rep. No. 80, 2004 |
|
S. 235 ................................. |
am. No. 12, 1980 |
|
|
rep. No. 80, 2004 |
|
S. 236 ................................. |
am. No. 122, 1970; No. 12, 1980 |
|
|
rep. No. 80, 2004 |
|
S. 237 ................................. |
am. No. 12, 1980; No. 193, 1985; No. 119, 1987; No. 9, 1992; No. 44, 1996; No. 86, 2002 |
|
|
rep. No. 80, 2004 |
|
S. 237AA ............................ |
ad. No. 9, 1992 |
|
|
am. No. 86, 2002 |
|
|
rep. No. 80, 2004 |
|
S. 237A .............................. |
ad. No. 12, 1980 |
|
|
am. No. 44, 1996 |
|
|
rep. No. 80, 2004 |
|
Heading to Div. 6 ............. |
rs. No. 122, 1970 |
|
|
rep. No. 80, 2004 |
|
Div. 6 of Part X................... |
rep. No. 80, 2004 |
|
S. 238 ................................. |
am. No. 12, 1980; No. 44, 1996 |
|
|
rep. No. 80, 2004 |
|
S. 239 ................................. |
am. No. 122, 1970; No. 12, 1980 |
|
|
rep. No. 80, 2004 |
|
S. 240 ................................. |
am. No. 12, 1980; No. 44, 1996 |
|
|
rep. No. 80, 2004 |
|
Ss. 240A, 240B .................. |
ad. No. 131, 2002 |
|
|
rep. No. 80, 2004 |
|
S. 241.................................. |
am. No. 86, 2002 |
|
|
rep. No. 80, 2004 |
|
S. 242 ................................. |
am. No. 122, 1970; No. 12, 1980 |
|
|
rep. No. 80, 2004 |
|
S. 243 ................................. |
am. No. 12, 1980; No. 193, 1985; No. 119, 1987; No. 9, 1992; No. 44, 1996; No. 86, 2002 |
|
|
rep. No. 80, 2004 |
|
S. 243AA ............................ |
ad. No. 9, 1992 |
|
|
am. No. 86, 2002 |
|
|
rep. No. 80, 2004 |
|
S. 243A .............................. |
ad. No. 12, 1980 |
|
|
am. No. 44, 1996 |
|
|
rep. No. 80, 2004 |
|
Part XI |
|
|
S. 244 ................................. |
am. No. 12, 1980; No. 21, 1985; No. 44, 1996; No. 106, 2010 |
|
S. 245 ................................. |
am. No. 12, 1980; No. 44, 1996; No. 106, 2010 |
|
Heading to s. 246 ............. |
am. No. 44, 1996 |
|
S. 246 ................................. |
am. No. 12, 1980; No. 119, 1987; No. 44, 1996; No. 24, 2001; No. 34, 2006; No. 106, 2010 |
|
S. 247 ................................. |
am. No. 122, 1970; No. 119, 1987; No. 44, 1996; No. 106, 2010 |
|
S. 247A .............................. |
ad. No. 12, 1980 |
|
|
am. No. 44, 1996 |
|
S. 248 ................................. |
am. No. 12, 1980; No. 119, 1987; No. 9, 1992; No. 44, 1996 |
|
S. 248A .............................. |
ad. No. 12, 1980 |
|
S. 249 ................................. |
am. No. 12, 1980; No. 9, 1992; No. 82, 1993; No. 44, 1996; No. 62, 1997; No. 38, 1999 |
|
S. 249A .............................. |
ad. No. 12, 1980; No. 44, 1996 |
|
S. 250 ................................. |
am. No. 12, 1980 |
|
|
rs. No. 12, 1980 |
|
|
am. No. 119, 1987; No. 44, 1996; No. 57, 2007 |
|
am. No. 12, 1980; No. 44, 1996 |
|
|
S. 252A .............................. |
ad. No. 12, 1980 |
|
|
rs. No. 9, 1992 |
|
|
am. No. 44, 1996; No. 8, 2005; No. 106, 2010 |
|
ad. No. 9, 1992 |
|
|
S. 253 ................................. |
rep. No. 9, 1992 |
|
Part XIA |
|
|
Part XIA .............................. |
ad. No. 122, 1970 |
|
S. 253A .............................. |
ad. No. 122, 1970 |
|
S. 253B .............................. |
ad. No. 122, 1970 |
|
|
rs. No. 12, 1980 |
|
|
am. No. 168, 1986; No. 115, 1990; No. 73, 2008 |
|
S. 253C .............................. |
ad. No. 122, 1970 |
|
|
rs. No. 44, 1996 |
|
S. 253D .............................. |
ad. No. 122, 1970 |
|
|
am. No. 12, 1980 |
|
|
rep. No. 44, 1996 |
|
S. 253E .............................. |
ad. No. 122, 1970 |
|
|
am. No. 12, 1980; No. 44, 1996 |
|
S. 253F .............................. |
ad. No. 122, 1970 |
|
|
am. No. 12, 1980 |
|
|
rs. No. 44, 1996 |
|
Part XII |
|
|
Heading to s. 254.............. |
am. No. 8, 2005 |
|
S. 254 ................................. |
am. No. 91, 1976; No. 12, 1980; No. 74, 1981; No. 44, 1996; No. 80, 2004; No. 8, 2005; No. 44, 2007 |
|
Part XIII |
|
|
S. 255 ................................. |
am. No. 12, 1980 |
|
|
rs. No. 12, 1980 |
|
|
am. No. 115, 1990 |
|
|
rs. No. 44, 1996 |
|
S. 256 ................................. |
am. No. 12, 1980 |
|
S. 257 ................................. |
am. No. 12, 1980; No. 44, 1996; No. 152, 1997 |
|
S. 258 ................................. |
am. No. 119, 1987; No. 44, 1996; No. 152, 1997 |
|
S. 259 ................................. |
am. No. 12, 1980 |
|
|
rep. No. 44, 1996 |
|
S. 260 ................................. |
rs. No. 12, 1980 |
|
|
rep. No. 44, 1996 |
|
S. 261 ................................. |
am. No. 12, 1980 |
|
|
rep. No. 12, 1980 |
|
S. 262 ................................. |
am. No. 122, 1970; No. 12, 1980; No. 44, 1996; No. 62, 2004 |
|
Part XIV |
|
|
S. 263 ................................. |
am. No. 122, 1970; No. 12, 1980; No. 44, 1996; No. 137, 2000; No. 80, 2004; No. 106, 2010 |
|
S. 263A .............................. |
ad. No. 122, 1970 |
|
|
am. No. 12, 1980; No. 24, 2001 |
|
S. 263B .............................. |
ad. No. 12, 1980 |
|
|
rep. No. 137, 2000 |
|
S. 263C .............................. |
ad. No. 119, 1987 |
|
|
rs. No. 44, 1996 |
|
|
am. No. 80, 2004; No. 44, 2007 |
|
S. 264 ................................. |
am. No. 12, 1980; No. 44, 1996 |
|
|
rep. No. 137, 2000 |
|
S. 264A .............................. |
ad. No. 12, 1980 |
|
|
am. No. 119, 1987; No. 115, 1990; No. 24, 2001 |
|
S. 264B .............................. |
ad. No. 12, 1980 |
|
|
am. No. 119, 1987; No. 115, 1990; No. 44, 1996 |
|
S. 264C .............................. |
ad. No. 12, 1980 |
|
|
am. No. 119, 1987; No. 44, 1996; No. 24, 2001 |
|
S. 264D .............................. |
ad. No. 12, 1980 |
|
|
am. No. 119, 1987 |
|
S. 264E .............................. |
ad. No. 12, 1980 |
|
|
am. No. 119, 1987; No. 24, 2001 |
|
S. 265 ................................. |
am. No. 12, 1980; No. 119, 1987; No. 44, 1996; No. 24, 2001; No. 131, 2002; No. 106, 2010 |
|
Note to s. 265(2)................ |
ad. No. 144, 2008 |
|
Heading to s. 265A ........... |
am. No. 131, 2002 |
|
S. 265A .............................. |
ad. No. 119, 1987 |
|
|
am. No. 9, 1992; No. 24, 2001; No. 131, 2002 |
|
S. 266 ................................. |
am. No. 12, 1980; No. 44, 1996; No. 106, 2010 |
|
S. 267 ................................. |
am. No. 12, 1980 |
|
|
rs. No. 9, 1992 |
|
|
am. No. 44, 1996; No. 80, 2004; No. 44, 2007; No. 106, 2010 |
|
S. 267A .............................. |
ad. No. 9, 1992 |
|
|
rep. No. 137, 2000 |
|
S. 267B .............................. |
ad. No. 9, 1992 |
|
|
am. No. 24, 2001; No. 34, 2006; No. 106, 2010 |
|
S. 267C .............................. |
ad. No. 9, 1992 |
|
|
rep. No. 137, 2000 |
|
S. 267D .............................. |
ad. No. 9, 1992 |
|
|
am. No. 24, 2001 |
|
S. 267E .............................. |
ad. No. 9, 1992 |
|
|
am. No. 80, 2004 |
|
S. 267F .............................. |
ad. No. 9, 1992 |
|
|
am. No. 24, 2001 |
|
S. 267G .............................. |
ad. No. 9, 1992 |
|
Heading to s. 268.............. |
am. No. 80, 2004 |
|
S. 268 ................................. |
am. No. 12, 1980; No. 119, 1987; No. 44, 1996; No. 24, 2001; No. 80, 2004; No. 106, 2010 |
|
Note to s. 268(4)................ |
ad. No. 24, 2001 |
|
Note to s. 268(6)................ |
ad. No. 144, 2008 |
|
S. 268A .............................. |
ad. No. 119, 1987 |
|
|
rep. No. 137, 2000 |
|
Heading to s. 269.............. |
rs. No. 106, 2010 |
|
S. 269 ................................. |
am. No. 12, 1980; No. 119, 1987; No. 9, 1992; No. 44, 1996; No. 106, 2010 |
|
am. No. 12, 1980; No. 44, 1996; No. 80, 2004 |
|
|
am. No. 12, 1980; No. 44, 1996 |
|
|
S. 272 ................................. |
rs. No. 12, 1980 |
|
|
am. No. 9, 1992; No. 44, 1996; No. 131, 2002; No. 106, 2010 |
|
S. 273 ................................. |
am. No. 12, 1980; No. 44, 1996; No. 106, 2009 |
|
Note to s. 273(4)................ |
ad. No. 106, 2009 |
|
S. 274 ................................. |
rep. No. 12, 1980 |
|
S. 275 ................................. |
am. No. 44, 1996; No. 80, 2004 |
|
Heading to s. 276.............. |
am. No. 80, 2004 |
|
S. 276 ................................. |
am. No. 12, 1980; No. 44, 1996; No. 80, 2004 |
|
S. 277 ................................. |
am. No. 44, 1996 |
|
S. 277A .............................. |
ad. No. 9, 1992 |
|
S. 277B............................... |
ad. No. 106, 2010 |
|
Part XV |
|
|
Heading to Part XV............ |
rs. No. 34, 2006 |
|
Part XV ............................... |
rep. No. 44, 1996 |
|
|
ad. No. 11, 1997 |
|
S. 278 ................................. |
am. No. 12, 1980; No. 119, 1987 |
|
|
rep. No. 44, 1996 |
|
|
ad. No. 11, 1997 |
|
|
am. No. 34, 2006 |
|
S. 279 ................................. |
am. No. 12, 1980 |
|
|
rep. No. 44, 1996 |
|
|
ad. No. 11, 1997 |
|
|
am. No. 34, 2006 |
|
S. 280 ................................. |
rep. No. 44, 1996 |
|
|
ad. No. 11, 1997 |
|
|
am. No. 80, 2004 |
|
S. 281 ................................. |
am. No. 12, 1980 |
|
|
rep. No. 44, 1996 |
|
|
ad. No. 11, 1997 |
|
S. 282 ................................. |
am. No. 12, 1980 |
|
|
rep. No. 44, 1996 |
|
|
ad. No. 11, 1997 |
|
|
am. No. 131, 2002 |
|
S. 283 ................................. |
rep. No. 12, 1980 |
|
|
ad. No. 11, 1997 |
|
|
am. No. 131, 2002 |
|
S. 284 ................................. |
rep. No. 44, 1996 |
|
|
ad. No. 11, 1997 |
|
S. 285 ................................. |
am. No. 12, 1980 |
|
|
rep. No. 44, 1996 |
|
|
ad. No. 11, 1997 |
|
|
am. No. 48, 1998; No. 34, 2006 |
|
S. 286 ................................. |
rep. No. 12, 1980 |
|
|
ad. No. 11, 1997 |
|
Ss. 287, 288 ....................... |
am. No. 12, 1980 |
|
|
rep. No. 44, 1996 |
|
S. 289 ................................. |
rep. No. 44, 1996 |
|
Ss. 290-293 ....................... |
am. No. 12, 1980 |
|
|
rep. No. 44, 1996 |
|
S. 294 ................................. |
rep. No. 12, 1980 |
|
S. 295 ................................. |
am. No. 91, 1976; No. 12, 1980 |
|
|
rep. No. 44, 1996 |
|
Ss. 296-298 ....................... |
am. No. 12, 1980 |
|
|
rep. No. 44, 1996 |
|
Ss. 299, 300 ....................... |
rep. No. 44, 1996 |
|
Part XVI |
|
|
am. No. 80, 2004; No. 131, 2009 |
|
|
S. 302A .............................. |
ad. No. 82, 1993 |
|
|
am. No. 80, 2004; No. 57, 2007 |
|
ad. No. 62, 1997 |
|
|
|
am. No. 80, 2004; No. 57, 2007 |
|
S. 302B .............................. |
ad. No. 44, 1996 |
|
|
am. No. 80, 2004; No. 57, 2007 |
|
Heading to s. 303 ............. |
am. No. 44, 1996 |
|
S. 303 ................................. |
am. No. 44, 1996 |
|
S. 304A .............................. |
ad. No. 9, 1992 |
|
|
am. No. 44, 1996; No. 131, 2002; No. 106, 2010 |
|
S. 305 ................................. |
am. No. 91, 1976; No. 9, 1992 |
|
|
rs. No. 12, 1980 |
|
|
am. No. 119, 1987; No. 44, 1996; No. 131, 2002; No. 80, 2004 |
|
S. 306 ................................. |
am. No. 44, 1996; No. 80, 2004 |
|
S. 306A .............................. |
ad. No. 12, 1980 |
|
|
am. No. 119, 1987; No. 44, 1996 |
|
S. 306B .............................. |
ad. No. 12, 1980 |
|
|
am. No. 74, 1981; No. 21, 1985; No. 119, 1987; No. 115, 1990; No. 44, 1996 |
|
S. 306C .............................. |
ad. No. 12, 1980 |
|
|
rep. No. 74, 1981 |
|
S. 308 ................................. |
am. No. 44, 1996 |
|
S. 309 ................................. |
am. No. 12, 1980; No. 44, 1996 |
|
S. 310 ................................. |
am. No. 12, 1980; No. 143, 1992 |
|
|
rep. No. 44, 1996 |
|
S. 311 ................................. |
am. No. 121, 1968; No. 44, 1996; No. 80, 2004 |
|
S. 312 ................................. |
am. No. 12, 1980 |
|
|
rs. No. 44, 1996 |
|
|
am. No. 80, 2004 |
|
Heading to s. 313 ............. |
am. No. 44, 1996 |
|
S. 313 ................................. |
am. No. 91, 1976; No. 12, 1980 |
|
|
rs. No. 12, 1980 |
|
|
am. No. 44, 1996 |
|
S. 314 ................................. |
am. No. 91, 1976 |
|
|
rs. No. 115, 1990 |
|
|
rep. No. 44, 1996 |
|
S. 315 ................................. |
am. No. 12, 1980; No. 99, 1988; No. 115, 1990 |
|
|
rs. No. 44, 1996 |
|
|
am. No. 11, 1997; No. 34, 2006; No. 106, 2010 |
|
ad. No. 34, 2006 |
|
|
|
am. No. 34, 2006; No. 44, 2007 |
|
Heading to The Schedules ..................... |
rep. No. 12, 1980 |
|
Heading to First Schedule........................................ ........................................ |
rep. No. 12, 1980 |
|
Schedule 1 |
|
|
Heading to Schedule 1 .... |
ad. No. 12, 1980 |
|
Heading to Second .......... |
rep. No. 12, 1980 |
|
Heading to Schedule 2 .... |
ad. No. 12, 1980 |
|
|
rep. No. 44, 1996 |
|
Schedule 2 ........................ |
rep. No. 44, 1996 |
|
Third, Fourth Schedules . |
rep. No. 12, 1980 |
Table A
Application, saving or transitional provisions
Bankruptcy Legislation Amendment Act 1996 (No. 44, 1996)
Schedule 1
441 Items 2 to 5 and 8, 9, 11 and 16
Application
(1) The new definitions inserted or substituted by items 2 to 5 and 8, 9, 11 and 16 apply to all provisions of the Bankruptcy Act 1966 applying to bankruptcies and other insolvency administrations that are current on or after the commencement of this Schedule.
Transitional--item 11
(2) Despite the substitution of the definition of Registrar by item 11:
(a) the Court may still make orders under paragraphs 30(5)(c) and (d) of the Bankruptcy Act 1966 in relation to a failure to comply with an order, direction or requirement that was given or made by a Registrar in Bankruptcy before this Schedule commenced; and
(b) the Court may still extend or abridge, under paragraph 33(1)(c) of the Bankruptcy Act 1966, a time that was fixed by a Registrar in Bankruptcy before this Schedule commenced; and
(c) the Court or a magistrate may issue a warrant under subsection 264B(1) of the Bankruptcy Act 1966 for the arrest of a person who failed to attend before, or appear and report to, the Registrar in Bankruptcy before this Schedule commenced.
442 Items 46 and 52
The amendments made by the following items apply in relation to authorities given under section 188 of the Bankruptcy Act 1966 after this Schedule commences:
(a) item 46;
(b) item 52, so far as it substitutes a new paragraph 12(2)(b) of the Bankruptcy Act 1966.
443 Items 89 and 90
The amendments made by items 89 and 90 do not apply in relation to proceedings in bankruptcy that were begun in the Supreme Court of a State or of the Northern Territory before this Schedule commenced.
444 Item 91
The amendment made by item 91 does not apply in relation to proceedings in bankruptcy that were begun in the Supreme Court of a State or of the Northern Territory before this Schedule commenced.
445 Item 101
The amendment made by item 101 does not apply in relation to appeals from any proceedings continued under item 444 in the Supreme Court of a State or of the Northern Territory after this Schedule commenced.
446 Items 108 and 109
The amendments made by items 108 and 109 apply in relation to all acts of bankruptcy committed on or after the commencement of this Schedule.
447 Item 120
The amendment made by item 120:
(a) applies to the presentation of creditor's petitions after this Schedule commences; and
(b) does not prevent the continuation of proceedings begun before this Schedule commenced by the presentation of a creditor's petition against a debtor who owed the petitioning creditors one or more debts totalling at least $1,500 but less than $2,000.
448 Items 144 to 150
The amendments made by items 144 to 150 apply to:
(a) debtor's petitions that were presented, but not accepted or rejected, before this Schedule commenced; and
(b) debtor's petitions that are presented after this Schedule commences.
449 Item 151
The new sections substituted by item 151 apply to:
(a) debtor's petitions that were presented, but not accepted or rejected, before this Schedule commenced; and
(b) debtor's petitions that are presented after this Schedule commences.
450 Items 152 to 158
The amendments made by items 152 to 158 apply to:
(a) debtor's petitions that were presented, but not accepted or rejected, before this Schedule commenced; and
(b) debtor's petitions that are presented after this Schedule commences.
451 Item 161
The amendment made by item 161 applies in relation to a meeting held after this Schedule commences, except a meeting:
(a) notice of which was given before the commencement of this Schedule; or
(b) continuing a meeting described in paragraph (a) that was adjourned.
452 Item 165
The amendment made by item 165 applies in relation to a meeting held after this Schedule commences, except a meeting:
(a) notice of which was given before the commencement of this Schedule; or
(b) continuing a meeting described in paragraph (a) that was adjourned.
453 Item 182
The new subsection substituted by item 182 applies to debts provable in a bankruptcy that is current on or after the commencement of this Schedule, regardless of when the maintenance agreement or maintenance order under which the debt arose was made.
454 Item 193
The amendment made by item 193 applies to bankruptcies for which the date of the bankruptcy is on or after the commencement of this Schedule.
455 Item 198
The amendment made by item 198 applies to bankruptcies for which the date of the bankruptcy is on or after the commencement of this Schedule.
456 Items 199 to 202
The amendments made by items 199 to 202 apply in relation to bankruptcies current on or after the commencement of this Schedule. However, the amendments:
(a) do not affect any distribution of a dividend before this Schedule commenced; and
(b) do not make a trustee liable for any act or omission of the trustee that occurred before this Schedule commenced.
457 Item 208
The new sections inserted by item 208 apply to bankruptcies for which the date of the bankruptcy is on or after the commencement of this Schedule.
458 Items 209 to 221
The amendments made by items 209 to 221 apply to all bankruptcies that are current on or after the day on which this Schedule commences, but do not affect any distributions made before this Schedule commenced.
459 Item 222
The amendment made by item 222 applies in relation to debtors who are bankrupt when this Schedule commences or who become bankrupt after this Schedule commences. However, the amendment:
(a) does not affect any distribution of a dividend before this Schedule commenced; and
(b) does not make a trustee liable for any act or omission of the trustee that occurred before this Schedule commenced.
460 Items 233 to 241
The amendments made by items 233 to 241 apply to all bankruptcies current on or after the commencement of this Schedule.
461 Items 242 to 246
The amendments made by items 242 to 246 apply to all bankruptcies current on or after the commencement of this Schedule.
462 Item 250
The new definition of contribution assessment period substituted by item 250 applies to bankruptcies for which the date of the bankruptcy is on or after the commencement of this Schedule.
463 Items 252 to 254
The amendments made by items 252 to 254 apply in relation to all bankruptcies current on or after the commencement of this Schedule. However, the amendments do not affect any assessment made before this Schedule commenced.
464 Items 256 to 258
The amendments made by items 256 to 258 apply in relation to each bankrupt for whom the date of the bankruptcy was on or after the commencement of this Schedule.
465 Item 259
The amendment made by item 259 applies to all bankruptcies current on or after the commencement of this Schedule.
466 Item 277
The amendment made by item 277 applies to statements given to the Official Receiver after this Schedule commences.
467 Item 282
Despite the amendment made by item 282, the Court may make an order annulling a bankruptcy that resulted from the Registrar in Bankruptcy accepting a debtor's petition.
468 Item 283
The new sections inserted by item 283 apply in relation to:
(a) applications made after this Schedule commences; and
(b) persons who were registered trustees immediately before this Schedule commenced; and
(c) persons who become registered as trustees after this Schedule commences.
469 Items 293 and 425
The amendments made by items 293 and 425 apply to trustees who consent to act as trustee after the commencement of this Schedule.
470 Items 303 to 308
The amendments made by items 303 to 308 apply to all bankruptcies current on or after the commencement of this Schedule.
471 Items 315 and 316
The amendments made by items 315 and 316 apply to a person registered as a trustee on or after the day on which this Schedule commences.
472 Items 321, 323 and 324
The amendments made by items 321, 323 and 324 apply in relation to authorities given under section 188 after this Schedule commences.
473 Item 332
The section inserted by item 332 applies in relation to authorities signed by debtors on or after the day on which this Schedule commences.
474 Item 333
The amendment made by item 333 applies in relation to an authority under section 188 of the Bankruptcy Act 1966 that is current on or after the day on which this Schedule commences.
475 Item 334
The new sections inserted by item 334 apply in relation to an authority under section 188 of the Bankruptcy Act 1966 that is current on or after the day on which this Schedule commences.
476 Item 344
The new section substituted by item 344 applies in relation to a meeting called under an authority under section 188 of the Bankruptcy Act 1966 that is current on or after the day on which this Schedule commences.
477 Items 345 and 346
The amendments made by items 345 and 346 apply in relation to a meeting held after this Schedule commences, except a meeting:
(a) notice of which was given before the commencement of this Schedule; or
(b) continuing a meeting described in paragraph (a) that was adjourned.
478 Item 347
The amendment made by item 347 applies in relation to a meeting held after this Schedule commences, except a meeting:
(a) notice of which was given before the commencement of this Schedule; or
(b) continuing a meeting described in paragraph (a) that was adjourned.
479 Items 348 and 349
The amendments made by items 348 and 349 apply in relation to resolutions and special resolutions at a meeting held after this Schedule commences, except a meeting:
(a) notice of which was given before the commencement of this Schedule; or
(b) continuing a meeting described in paragraph (a) that was adjourned.
480 Item 356
The new section substituted by item 356 applies in relation to all persons who are controlling trustees on or after the commencement of this Schedule.
481 Item 360
The amendment made by item 360 applies in relation to resolutions at a meeting held after this Schedule commences, except a meeting:
(a) notice of which was given before the commencement of this Schedule; or
(b) continuing a meeting described in paragraph (a) that was adjourned.
482 Items 368 and 369
The amendments made by items 368 and 369 do not apply in relation to a special resolution passed at a meeting:
(a) called before this Schedule commences; or
(b) held after this section commences as a continuation of a meeting called before this Schedule commences.
483 Items 373 and 374
The amendments made by items 373 and 374 apply in relation to a meeting held after this Schedule commences, except a meeting:
(a) notice of which was given before the commencement of this Schedule; or
(b) continuing a meeting described in paragraph (a) that was adjourned.
484 Item 375
The amendment made by item 375 applies in relation to a meeting held after this Schedule commences, except a meeting:
(a) notice of which was given before the commencement of this Schedule; or
(b) continuing a meeting described in paragraph (a) that was adjourned.
485 Item 382
Despite the amendment made by item 382, proceedings begun before the commencement of this Schedule by presentation of a petition to the Court in relation to one or more debts totalling at least $1,500 but less than $2,000 may continue.
486 Item 402
The new section substituted by item 402 applies in relation to debtor's petitions that:
(a) are presented after this Schedule commences; or
(b) were presented, but not dealt with by the Registrar in Bankruptcy, before this Schedule commenced.
487 Item 415
The new section substituted by item 415 applies only in relation to section 64D statements given on or after the day this Schedule commences.
488 Item 417
The amendment made by item 417 applies in relation to debtor's petitions that are presented after this Schedule commences.
489 Item 418
The amendment made by item 418 applies to statements given to the Official Receiver in relation to debtor's petitions that:
(a) are presented after this Schedule commences; or
(b) were presented, but not dealt with by the Registrar in Bankruptcy, before this Schedule commenced.
490 Item 422
The new section inserted by item 422 applies to trust deeds regardless of when they were made.
491 Items 427 and 428
Despite the amendments made by items 427 and 428, an action, suit or proceeding does not lie in respect of a statement made in good faith in a report referred to in subsection 19AA(2), 150(3), 154A(3) or 189A(1) of the Bankruptcy Act 1966 as in force before this Schedule commenced.
492 Bankruptcy Districts
An area that was a Bankruptcy District because of a proclamation in force immediately before the commencement of this Schedule continues to be a Bankruptcy District as if it had been declared by the Inspector-General by notice in the Gazette.
493 Orders made by State and Northern Territory Supreme Courts
The Bankruptcy Act 1966 applies in relation to an order made at any time by the Supreme Court of a State or of the Northern Territory exercising its jurisdiction in bankruptcy as if the order had been made by the Federal Court of Australia.
494 Examinations being conducted by Registrar in Bankruptcy
An examination that was being conducted by a Registrar in Bankruptcy under section 81 of the Bankruptcy Act 1966 before this Schedule commenced may be continued by the Registrar, a Deputy Registrar, a District Registrar or a Deputy District Registrar of the Federal Court after this Schedule commences, as if he or she had been conducting the examination before this Schedule commenced.
495 Failure to comply with bankruptcy notice issued by Registrar in Bankruptcy
Failure to comply with a bankruptcy notice issued by a Registrar in Bankruptcy before this Schedule commenced is an act of bankruptcy, even if one or both of the following conditions are met:
(a) the time fixed by the Registrar in Bankruptcy ends after the commencement of this Schedule;
(b) the bankruptcy notice related to a debt of less than $2,000.
496 Debtor's petition presented to Registrar in Bankruptcy
The Official Receiver must deal with a debtor's petition that was presented to a Registrar in Bankruptcy before this Schedule commenced, but which the Registrar had not accepted or rejected. In particular, if the Registrar had referred the petition to the Court, but had not received or had not acted on the Court's direction, the Official Receiver must act on the Court's direction.
497 Registration of trustees
Registration of trustees registered previously
(1) A person who was a registered trustee immediately before this Schedule commenced is taken to be registered as a trustee under section 155C of the Bankruptcy Act 1966, without needing to pay a registration fee.
No refund of fees paid previously
(2) A person who was registered as a trustee immediately before this Schedule commenced is not entitled to the refund of any fees paid in relation to that registration.
Applicants for registration
(3) If, before the commencement of this Schedule:
(a) a person had applied:
(i) for a report stating the Official Receiver's opinion about the applicant; or
(ii) to be registered as a trustee; and
(b) the Court had not decided whether to direct that the applicant be registered or to refuse the application;
then:
(c) section 154A, and subsections 155(2), (3), (3A), (3B) and (8), of the Bankruptcy Act 1966 as in force immediately before the commencement of this Schedule apply in relation to the application; and
(d) if the Court directs that the applicant be registered, the Inspector-General must register the applicant under section 155C of the Bankruptcy Act 1966 without payment of the registration fee indicated in that section.
498 Debts to which debt agreement proposal may relate
A debt agreement proposal can be made under Part IX of the Bankruptcy Act 1966 whether the debts to which the proposal relates were incurred before or after this Schedule commenced.
499 Remuneration of controlling trustee
A person who was a controlling trustee immediately before the commencement of this Schedule is to continue to be remunerated under the arrangements existing immediately before that commencement.
500 Orders under subsection 254(3)
If, before this Schedule commenced, the Minister received an office copy of an order under subsection 254(3) of the Bankruptcy Act 1966 but had not paid the amount specified in the order to the person in whose favour the order was made, the Official Receiver must pay the person.
Bankruptcy Amendment Act 1997 (No. 11, 1997)
Schedule 3
1 Bank accounts and investments under sections 169, 172 and 210
(1) If:
(a) immediately before the commencement of this Schedule, a trustee was maintaining an account under:
(i) section 169 or 172 of the Bankruptcy Act 1966 as then in force; or
(ii) section 210 of the Bankruptcy Act 1966 as in force immediately before the commencement of Schedule 1 to the Bankruptcy Legislation Amendment Act 1996; and
(b) the account does not comply with section 169 of the Bankruptcy Act 1966 as amended by Schedule 1 to this Act;
the trustee must pay the money into an account that complies with that section as so amended as soon as reasonably practicable after the commencement of this Schedule.
(2) If, immediately before the commencement of this Schedule, a trustee held public securities as an investment under section 172 of the Bankruptcy Act 1966 as then in force, the trustee must, as soon as reasonably practicable after that commencement:
(a) convert the securities into money; and
(b) pay the money into an account that complies with section 169 of the Bankruptcy Act 1966 as amended by Schedule 1 to this Act.
(3) This item does not require a trustee to close a fixed term deposit, or to convert fixed term securities into money, before the term ends.
(4) In this item, a reference to section 169 or 172 of the Bankruptcy Act 1966 as in force at a particular time includes a reference to that section as applied by other provisions of that Act as then in force.
2 Transition to realisations charge
(1) The Governor-General may make regulations dealing with the transition from the fees imposed by old rules 179 and 181 to the realisations charge imposed by Part 3 of the Bankruptcy (Estate Charges) Act 1997.
(2) For example, the regulations may provide for:
(a) the continued application, with specified modifications, of old rule 179 in relation to amounts received or paid by a trustee before the commencement of this Schedule, including, in particular, amounts received or paid before 1 November 1996 (the start of the first charge period); and
(b) the crediting or waiver of fees paid or payable under that rule, or that rule as it continues to apply, to the extent that the fees are attributable to amounts received by a trustee on or after 1 November 1996.
(3) In this item:
crediting means crediting against a liability to pay realisations charge.
old rules 179 and 181 means rules 179 and 181 of the Bankruptcy Rules as in force immediately before the commencement of Schedule 1 to the Bankruptcy Legislation Amendment Act 1996.
Financial Sector Reform
(Consequential Amendments) Act 1998
(No. 48,
1998)
4 Transitional provisions
Treatment of approvals and authorisations under the Bankruptcy Act 1966
(2) An approval of a bank, or an authorisation of a person, that is in force immediately before the commencement of item 10 of Schedule 1 for the purposes of the definition of approved bank in subsection 5(1) of the Bankruptcy Act 1966 as then in force is to be taken, after that commencement, to be an approval of the bank or an authorisation of the person for the purposes of the definition of ADI in subsection 5(1) of that Act as in force immediately after that commencement.
Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 (No. 44, 1999)
Schedule 8
1 Definitions
(1) In this Part:
AFIC means the Australian Financial Institutions Commission.
AFIC Code means any of the following Codes of a State or Territory:
(a) the AFIC (NSW) Code of New South Wales;
(b) the AFIC (Victoria) Code of Victoria;
(c) the AFIC (Queensland) Code of Queensland;
(d) the AFIC (Western Australia) Code of Western Australia;
(e) the AFIC (South Australia) Code of South Australia;
(f) the AFIC (Tasmania) Code of Tasmania;
(g) the AFIC (ACT) Code of the Australian Capital Territory;
(h) the AFIC (NT) Code of the Northern Territory.
APRA means the Australian Prudential Regulation Authority.
APRA Act means the Australian Prudential Regulation Authority Act 1998.
APRA employee means a person appointed under section 45 of the APRA Act.
ASIC means the Australian Securities and Investments Commission.
FIC body means a body that is a society, or a special services provider, as defined in section 3 of any of the Financial Institutions Codes.
Financial Institutions Code means any of the following Codes of a State or Territory:
(a) the Financial Institutions (NSW) Code of New South Wales;
(b) the Financial Institutions (Victoria) Code of Victoria;
(c) the Financial Institutions (Queensland) Code of Queensland;
(d) the Financial Institutions (Western Australia) Code of Western Australia;
(e) the Financial Institutions (South Australia) Code of South Australia;
(f) the Financial Institutions (Tasmania) Code of Tasmania;
(g) the Financial Institutions (ACT) Code of the Australian Capital Territory;
(h) the Financial Institutions (NT) Code of the Northern Territory.
Friendly Societies Code means any of the following Codes of a State or Territory:
(a) the Friendly Societies (NSW) Code of New South Wales;
(b) the Friendly Societies (Victoria) Code of Victoria;
(c) the Friendly Societies (Queensland) Code of Queensland;
(d) the Friendly Societies (Western Australia) Code of Western Australia;
(e) the Friendly Societies (South Australia) Code of South Australia;
(f) the Friendly Societies (Tasmania) Code of Tasmania;
(g) the Friendly Societies (ACT) Code of the Australian Capital Territory;
(h) the Friendly Societies (NT) Code of the Northern Territory.
friendly society means a body that is a society for the purposes of any of the Friendly Societies Codes.
SSA means any of the following:
(a) the New South Wales Financial Institutions Commission;
(b) the Victorian Financial Institutions Commission;
(c) the Queensland Office of Financial Supervision;
(d) the Western Australian Financial Institutions Authority;
(e) the South Australian Office of Financial Supervision;
(f) the Tasmanian Office of Financial Supervision;
(g) the Registrar of Financial Institutions of the Australian Capital Territory;
(h) the Territory Supervisory Authority of the Northern Territory.
State or Territory employee means a person who, immediately before the transfer date, is:
(a) an officer, employee, or member of the staff of, AFIC or an SSA; or
(b) the Executive Director of AFIC; or
(c) the holder of any other statutory office within AFIC or an SSA, other than a statutory office of member (including a Chair or Deputy Chair, however described) of, or of the governing body of, AFIC or an SSA; or
(d) an officer, employee, or member of the staff of, a State or Territory, or an authority of a State or Territory, whose duties consist of or include assisting AFIC or an SSA in the performance of its functions or the exercise of its powers.
Territory means the Australian Capital Territory or the Northern Territory.
transfer agreement means an agreement entered into:
(a) by or on behalf of the Treasurer; and
(b) by or on behalf of a Minister of a State or Territory, or 2 or more such Ministers;
that provides for matters connected with the transfer of staff, assets or liabilities from AFIC or an SSA to APRA or ASIC.
transfer date has the meaning given by section 2 (which is at the front of this Act).
transferring body means a body that, immediately before the transfer date, was:
(a) an FIC body; or
(b) a friendly society.
(2) In this Part, a reference to a transfer agreement determining or specifying a person, thing or other matter includes a reference to a person or persons determining or specifying that person, thing or matter, as permitted by that transfer agreement.
2 Transfer of State or Territory employees to APRA
(1) A transfer agreement may determine that specified State or Territory employees become APRA employees on a specified date, not being a date before the transfer date. In this Division, the date so specified is the agreed date in relation to the employees concerned.
Note: Employees may be specified by name, by inclusion in a specified class, or in some other way.
(2) The agreement has effect accordingly, to the extent that it is within the Commonwealth's legislative power to give the agreement that effect.
3 Terms and conditions of transferred staff
(1) APRA is to determine the terms and conditions applying to a person who becomes an APRA employee as mentioned in item 2 as if the person had actually been appointed under section 45 of the APRA Act. The terms and conditions of employment must not be less favourable than those that applied to the person immediately before the agreed date.
(2) The person is entitled to retain, as an APRA employee, all the benefits that had accrued to the person in respect of his or her length of State or Territory service up to the agreed date, as if those benefits had accrued in respect of the person's position as an APRA employee. For this purpose, the person's State or Territory service is:
(a) the person's service as a State or Territory employee; and
(b) the person's other service (if any) that, immediately before the person becoming an APRA employee, counted as service under the terms of that person's employment as a State or Territory employee.
(3) The person's service as an APRA employee is taken, for all purposes, to have been continuous with the person's service, immediately before the agreed date, as a State or Territory employee.
4 Statement of accrued benefits
(1) A transfer agreement may determine that APRA is to be given a statement of the benefits to which a person who becomes an APRA employee as mentioned in item 2 has an accrued entitlement in respect of his or her position as a State or Territory employee.
(2) In any proceedings relating to subitem 3(2), the statement is prima facie evidence of the matters set out in the statement.
(3) Item 2 has effect in relation to the person even if the statement is not given as required.
5 Transfer of assets
(1) A transfer agreement may determine that all or any of the following things happen on a specified date, not being a date before the transfer date:
(a) specified assets vest in APRA, or in ASIC, without any conveyance, transfer or assignment;
(b) specified instruments in relation to specified assets continue to have effect after the assets vest in APRA, or in ASIC, as if specified references in the instruments were references to APRA, or to ASIC, as the case requires;
(c) APRA or ASIC becomes the previous owner's successor in law in relation to specified assets immediately after the assets vest in APRA, or in ASIC.
Note: Assets or instruments may be specified by description, by inclusion in a specified class or in some other way.
(2) The agreement has effect accordingly, to the extent that it is within the Commonwealth's legislative power to give the agreement that effect.
(3) This item does not prevent assets being transferred to APRA or ASIC otherwise than in accordance with a transfer agreement.
(4) In this item:
assets includes records.
6 Transfer of liabilities
(1) A transfer agreement may determine that all or any of the following things happen on a specified date, not being a date before the transfer date:
(a) specified liabilities vest in APRA, or in ASIC;
(b) specified instruments in relation to specified liabilities continue to have effect after the liabilities vest in APRA, or in ASIC, as if specified references in the instruments were references to APRA, or to ASIC, as the case requires;
(c) APRA or ASIC becomes the previously liable person's successor in law in relation to specified liabilities immediately after the liabilities vest in APRA, or in ASIC.
Note: Liabilities or instruments may be specified by description, by inclusion in a specified class or in some other way.
(2) The agreement has effect accordingly, to the extent that it is within the Commonwealth's legislative power to give the agreement that effect.
(3) This item does not prevent liabilities being transferred to APRA or ASIC otherwise than in accordance with a transfer agreement.
7 Certain bodies taken to have authorities to carry on banking business
(1) This item applies to the following bodies:
(a) all bodies that were FIC bodies immediately before the transfer date;
(b) The Cairns Cooperative Weekly Penny Savings Bank Limited (CCWPSBL), but only if a determination under subitem (2) is in force immediately before the transfer date.
Note: The Cairns Cooperative Weekly Penny Savings Bank Limited is a body incorporated under the Financial Intermediaries Act 1996 of Queensland.
(2) APRA may, in writing, determine that this item applies to CCWPSBL, but only if the Treasurer and the Queensland Minister responsible for the administration of the Financial Intermediaries Act 1996 of Queensland have agreed that CCWPSBL should be covered by the Banking Act 1959 from the transfer date.
(3) On the transfer date, a body to which this item applies is taken to have been granted an authority under subsection 9(3) of the Banking Act 1959.
(4) APRA may, in writing, determine conditions to which the authority is subject. The determination has effect accordingly.
(5) The authority may be dealt with under the Banking Act 1959 as if it had actually been granted under subsection 9(3) of that Act.
(6) Conditions determined under subitem (4) may be dealt with under the Banking Act 1959 as if they were imposed under subsection 9(4) of that Act.
(7) Subsection 9(7) of the Banking Act 1959 does not apply to:
(a) the grant of an authority that is taken to have occurred under subitem (3); or
(b) the imposition of conditions on that authority under subitem (4).
(8) APRA must give the body written notice of the following:
(a) the fact that the body is taken, by subitem (3), to have been granted an authority under subsection 9(3) of the Banking Act 1959; and
(b) the determination under subitem (4) of conditions to which the authority is subject.
(9) APRA may also give notice of a matter referred to in paragraph (8)(a) or (b) in such other way as APRA considers appropriate.
8 Bodies taken to have consent for use of certain expressions
(1) A body that, immediately before the transfer date:
(a) was a society, services corporation or association as defined in section 3 of a Financial Institutions Code; and
(b) was trading or carrying on business (within the meaning of section 144 of that Code) under a name or title of which words, abbreviations or symbols covered by paragraph 144(2)(a) of that Code formed part;
is taken, on the transfer date, to have been granted a consent under section 66 of the Banking Act 1959 covering the body trading or carrying on business under that name or title. The consent may be dealt with under that Act as if it had actually been granted under section 66 of that Act.
(2) An exemption in force under subsection 144(4) of a Financial Institutions Code immediately before the transfer date continues to have effect from that date, and may be dealt with, as if it were a consent under section 66 of the Banking Act 1959. Any conditions to which the exemption was subject immediately before the transfer date are to be taken, from that date, to be, and may be dealt with as if they were, conditions applying under section 66 of the Banking Act 1959.
9 Unclaimed money
(1) This item applies to each body that is taken by subitem 7(3) to have been granted an authority under subsection 9(3) of the Banking Act 1959.
(2) An amount of money in respect of which notification action has been taken before the transfer date by a body to which this item applies under an unclaimed money law is not unclaimed moneys for the purposes of section 69 of the Banking Act 1959.
(3) For the avoidance of doubt, it is declared that, subject to subitem (2), an amount of money that, on the transfer date, satisfies the description of unclaimed moneys in section 69 of the Banking Act 1959 is unclaimed moneys for the purposes of that section even though, for any reason, the amount was not, immediately before that date, unclaimed money, or unclaimed moneys, within the meaning of an unclaimed money law.
(4) If, but for this item, a body to which this item applies would be required to deliver a Commonwealth unclaimed money statement on or before the 31 March next following the transfer date, then:
(a) the body may, but is taken not to be required to, deliver a Commonwealth unclaimed money statement on or before that 31 March; and
(b) if the body does not deliver a Commonwealth unclaimed money statement on or before that 31 March--the amounts that would have been included in that statement must (if they are still unclaimed money) be included in the next Commonwealth unclaimed money statement delivered by the body.
(5) The Treasurer, or an authorized officer (within the meaning of section 69 of the Banking Act 1959), may, in relation to a specified body to which this item applies, determine in writing that subsection 69(5) of the Banking Act 1959 has effect in relation to the first Commonwealth unclaimed money statement delivered by the body after the transfer date as if it required the amount shown in the statement to be paid to the Commonwealth:
(a) on a specified date or at the end of a specified period; or
(b) in accordance with a specified scheme for payment by instalments.
Note: A body may be specified by name, by inclusion in a specified class or in some other way.
(6) A person must not, under subitem (5), make a determination that would result in an amount being required to be paid to the Commonwealth more than 5 years after the date on which the amount would otherwise have had to be paid to the Commonwealth.
(7) A determination under subitem (5) has effect accordingly.
(8) In this item:
Commonwealth unclaimed money statement means a statement under subsection 69(3) of the Banking Act 1959.
notification action means:
(a) in relation to the unclaimed money law of Victoria, Queensland, South Australia, Tasmania, the Australian Capital Territory or the Northern Territory--enter, or enter particulars of, unclaimed money, or unclaimed moneys, (within the meaning of that law) in a register in accordance with that law; or
(b) in relation to the unclaimed money law of New South Wales--lodge a return with the Chief Commissioner (within the meaning of that law) relating to unclaimed money (within the meaning of that law) in accordance with that law; or
(c) in relation to the unclaimed money law of Western Australia--notify the Treasurer of particulars of unclaimed money (within the meaning of that law) in accordance with that law.
unclaimed money law means:
(a) the Unclaimed Money Act 1995 of New South Wales;
(b) the Unclaimed Moneys Act 1962 of Victoria;
(c) Part 8 of the Public Trustee Act 1978 of Queensland;
(d) the Unclaimed Money Act 1990 of Western Australia;
(e) the Unclaimed Moneys Act 1891 of South Australia;
(f) the Unclaimed Moneys Act 1918 of Tasmania;
(g) the Unclaimed Moneys Act 1950 of the Australian Capital Territory;
(h) the Companies (Unclaimed Assets and Moneys) Act of the Northern Territory.
Note: For the transitional provisions relating to the operation of the Financial Sector (Shareholdings) Act 1998, see the amendment made by item 45 of Schedule 7 to this Act.
22 Regulations may deal with transitional, saving or application matters
(1) The regulations may deal with matters of a transitional, saving or application nature relating to:
(a) the transition from the application of provisions of the replaced legislation to the application of provisions of the Banking Act 1959, the Life Insurance Act 1995, the Financial Sector (Transfers of Business) Act 1999, the Financial Sector (Shareholdings) Act 1998 or the Australian Prudential Regulation Authority Act 1998; or
(b) the transition, for The Cairns Cooperative Weekly Penny Savings Bank Limited, from the application of provisions of the Financial Intermediaries Act 1996 of Queensland to the application of provisions of any of the Acts referred to in paragraph (a); or
(c) the amendments and repeals made by the Schedules to this Act.
(2) Without limiting subitem (1), the regulations may provide for a matter to be dealt with, wholly or partly, in any of the following ways:
(a) by applying (with or without modifications) to the matter:
(i) provisions of a law of the Commonwealth, or of a State or Territory; or
(ii) provisions of a repealed or amended law of the Commonwealth, or of a State or Territory, in the form that those provisions took before the repeal or amendment; or
(iii) a combination of provisions referred to in subparagraphs (i) and (ii);
(b) by otherwise specifying rules for dealing with the matter;
(c) by specifying a particular consequence of the matter, or of an outcome of the matter, for the purposes of a law of the Commonwealth.
(3) Without limiting subitems (1) and (2), the regulations may provide for the continued effect, for the purposes of a provision of a law of the Commonwealth, of a thing done or instrument made, or a class of things done or instruments made, before the transfer date under or for the purposes of a provision of a law of a State or Territory. In the case of an instrument or class of instruments, the regulations may provide for the instrument or instruments to continue to have effect subject to modifications.
(4) Without limiting subitem (3), regulations providing for the continued effect of things done or instruments made may permit all or any of the following matters to be determined in writing by a specified person, or by a person included in a specified class of persons:
(a) the identification of a thing done or instrument made, or a class of things done or instruments made, that is to continue to have effect;
(b) the purpose for which a thing done or instrument made, or a class of things done or instruments made, is to continue to have effect;
(c) any modifications subject to which an instrument made, or a class of instruments made, is to continue to have effect.
(5) Despite subsection 48(2) of the Acts Interpretation Act 1901, regulations for the purposes of this item:
(a) may be expressed to take effect from a date before the regulations are notified in the Gazette; and
(b) may provide for a determination of a kind referred to in subitem (4) to take effect from a date before the determination is made (including a date before the regulations are notified in the Gazette).
(6) In this item, a reference to a law, whether of the Commonwealth or of a State or Territory, includes a reference to an instrument made under such a law.
(7) In this item:
replaced legislation means:
(a) the AFIC Codes; and
(b) the Financial Institutions Codes; and
(c) the Friendly Societies Codes; and
(d) the Australian Financial Institutions Commission Act 1992 of Queensland, and any Act of another State or of a Territory that provides for the application, as a law of the State or Territory, of the Code set out in section 21 of the Australian Financial Institutions Commission Act 1992 of Queensland; and
(e) the Financial Institutions (Queensland) Act 1992 of Queensland, and any Act of another State or of a Territory that provides for the application, as a law of the State or Territory, of the Code set out in section 30 of the Financial Institutions (Queensland) Act 1992 of Queensland; and
(f) the Friendly Societies (Victoria) Act 1996 of Victoria, and any Act of another State or of a Territory that provides for the application, as a law of the State or Territory, of the Code set out in the Schedule to the Friendly Societies (Victoria) Act 1996 of Victoria; and
(g) the Friendly Societies (Western Australia) Act 1999; and
(h) any other law of a State or Territory prescribed by the regulations for the purposes of this definition.
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (No. 137, 2000)
Schedule 2
418 Transitional--pre-commencement offences
(1) Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to:
(a) an offence committed before the commencement of this item; or
(b) proceedings for an offence alleged to have been committed before the commencement of this item; or
(c) any matter connected with, or arising out of, such proceedings;
as if the amendment or repeal had not been made.
(2) Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901.
419 Transitional--pre-commencement notices
If:
(a) a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and
(b) any or all of those other provisions are repealed by this Schedule; and
(c) the first-mentioned provision is amended by this Schedule;
the amendment of the first-mentioned provision by this Schedule does not affect the validity of such a notice that was given before the commencement of this item.
Farm Household Support Amendment Act 2000 (No. 144, 2000)
Schedule 3
7 Transitional provisions
(1) Paragraph 116(2)(mca) of the Bankruptcy Act 1966 has effect after the farm help scheme payment commencement day as if the reference in that paragraph to a farm help re-establishment grant included a reference to a restart re-establishment grant.
8 Definitions
In this Schedule:
amended FHS Act means the Farm Household Support Act 1992 as amended and in force from time to time after the commencement of item 2 of Schedule 1 to the Farm Household Support Amendment Act 2000.
restart income support has the meaning given by the Farm Household Support Act 1992 as in force immediately before the farm help scheme payment commencement day.
restart re-establishment grant has the meaning given by the Farm Household Support Act 1992 as in force immediately before the farm help scheme payment commencement day.
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 (No. 24, 2001)
4 Application of amendments
(1) Subject to subsection (3), each amendment made by this Act applies to acts and omissions that take place after the amendment commences.
(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.
Family Law Legislation Amendment (Superannuation)
Act 2001
(No. 61, 2001)
5 Application of superannuation amendments
(1) Subject to this section, the superannuation amendments apply to all marriages, including those that were dissolved before the startup time.
(2) Subject to subsections (3) and (4), the superannuation amendments do not apply to a marriage if a section 79 order, or a section 87 agreement, is in force in relation to the marriage at the startup time.
(3) If a section 79 order that is in force at the startup time is later set aside under paragraph 79A(1)(a), (b), (c), (d) or (e) of the Family Law Act, then the superannuation amendments apply to the marriage from the time the order is set aside.
(4) If an approval of a section 87 agreement that is in force at the startup time is later revoked on a ground specified in paragraph 87(8)(a), (c) or (d) of the Family Law Act, then the superannuation amendments apply to the marriage from the time the approval is revoked.
(5) Part VIIIB of the Family Law Act does not apply in relation to a financial agreement that was made before the startup time.
Taxation Laws Amendment (Superannuation) Act (No. 2)
2002
(No. 51,
2002)
Schedule 6
2 Application of amendment made by item 1
The amendment made by item 1 applies to bankruptcies for which the date of the bankruptcy is after the commencement of that item.
Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002 (No. 86, 2002)
Schedule 4
12 Application--existing proceeds of crime orders
(1) The amendments of section 82 of the Bankruptcy Act 1966 made by this Schedule apply, in relation to any bankruptcy for which the date of bankruptcy is not before the commencement of this Schedule, to any orders made under a proceeds of crime law before or after that commencement.
(2) In applying that section for the purposes of subsection 231(2) of that Act, in relation to any deed of assignment that was not executed before the commencement of this Schedule, that section as so amended applies to any orders made under a proceeds of crime law before or after that commencement.
(3) In applying that section for the purposes of subsection 237(2) of that Act, in relation to any deed of arrangement that was not executed before the commencement of this Schedule, that section as so amended applies to any orders made under a proceeds of crime law before or after that commencement.
(4) In applying that section for the purposes of subsection 243(1) of that Act, in relation to any composition that was not accepted before the commencement of this Schedule, that section as so amended applies to any orders made under a proceeds of crime law before or after that commencement.
16 Application--existing bankruptcies
Subdivision B of Division 2 of Part VI of the Bankruptcy Act 1966 applies, in relation to:
(a) a proceeds of crime order; or
(b) an application for a proceeds of crime order;
made after the commencement of this Schedule, to any bankruptcy, even if the date of bankruptcy is before that commencement.
Bankruptcy Legislation Amendment Act 2002 (No. 131, 2002)
Schedule 1
198 Definitions
In this Part:
Bankruptcy Act means the Bankruptcy Act 1966.
commencing date means the date on which this Schedule commenced.
commencing time means the time when this Schedule commenced.
199 Items 4 and 12
The amendments made by items 4 and 12 apply to offences committed at any time, whether before or after the commencing time.
200 Item 7
The amendment made by item 7 applies to conduct occurring after the commencing time.
201 Item 9
An appointment in force under section 16 of the Bankruptcy Act immediately before the commencing time continues in effect after the commencing time as if it had been made under that section as amended by this Act.
202 Items 10 and 11
An appointment in force under section 17 of the Bankruptcy Act immediately before the commencing time continues in effect after the commencing time as if it had been made under that section as amended by this Act. However, nothing in this item is taken to alter the time when the appointment was made.
203 Items 13, 14, 67, 68, 69, 70, 71, 180, 181 and 182
The amendments made by items 13, 14, 67, 68, 69, 70, 71, 180, 181 and 182 apply to bankruptcies for which the date of the bankruptcy is after the commencing date.
204 Item 15
The amendment made by item 15 applies to statements of affairs that are filed at any time, whether before or after the commencing time.
205 Items 19, 20, 21 and 22
The amendments made by items 19, 20, 21 and 22 apply to the issue of bankruptcy notices on applications that are made after the commencing time.
206 Items 23, 31, 34, 43, 103, 106, 127, 188 and 189
The amendments made by items 23, 31, 34, 43, 103, 106, 127, 188 and 189 apply to bankruptcies for which the date of the bankruptcy is after the commencing date.
207 Item 24
The amendment made by item 24 applies to any creditor's petition that is presented after the commencing time.
208 Items 28, 29, 41 and 42
The amendments made by items 28, 29, 41 and 42 apply to petitions presented after the commencing time.
209 Items 46, 47, 48, 51, 52 and 53
The amendments made by items 46, 47, 48, 51, 52 and 53 apply to meetings of which notice is given after the commencing time.
210 Item 49
The amendment made by item 49 applies to meetings held after the commencing time.
211 Items 55, 56 and 57
The amendments made by items 55, 56 and 57 apply to proposals lodged after the commencing time under subsection 73(1) of the Bankruptcy Act.
212 Items 58, 174, 175, 177 and 178
(1) The amendments made by items 58, 174, 175, 177 and 178 apply to compositions, schemes of arrangement and deeds of arrangement that are made after the commencing time.
(2) For the purposes of this item:
(a) a composition or scheme of arrangement is made when it is accepted by the creditors; and
(b) a deed of arrangement is made when it is executed.
213 Items 59, 60, 61, 62, 63, 64, 65, 66, 72 and 113
The amendments made by items 59, 60, 61, 62, 63, 64, 65, 66, 72 and 113 apply to changes that occur after the commencing time.
214 Items 73, 97, 121 and 142
The amendments made by items 73, 97, 121 and 142 apply in relation to the review of decisions that are made after the commencing time.
215 Items 74 and 76
The amendments made by items 74 and 76 apply to trustee decisions that are made after the commencing time.
216 Item 75
The amendment made by item 75 applies to proofs admitted after the commencing time.
217 Items 77 and 80
The amendments made by items 77 and 80 apply to bankruptcies for which the date of the bankruptcy is after the commencing date.
218 Item 79
The amendment made by item 79 applies to bankruptcy notices issued after the commencing time.
219 Item 81
The amendment made by item 81 applies to all bankruptcies, including those that ended before the commencing time. However, for a bankruptcy that ended before the commencing time, the initial revesting time is the beginning of the day that is the sixth anniversary of the commencing day (instead of the sixth anniversary of the day on which the bankrupt was discharged).
220 Items 86, 87, 88, 89, 90, 91, 92, 93, 94, 95 and 96
The amendments made by items 86, 87, 88, 89, 90, 91, 92, 93, 94, 95 and 96 apply to contribution assessment periods that begin after the commencing date.
221 Items 99, 100 and 126
The amendments made by items 99, 100 and 126 apply in relation to the review of decisions that are made after the commencing time.
222 Items 101, 183, 184 and 185
Despite the amendments made by items 101, 183, 184 and 185:
(a) Division 4C of Part VI of the Bankruptcy Act continues to have effect:
(i) in relation to permissions granted under that Division before the commencing time; and
(ii) in relation to applications that were made to the Court under that Division before the commencing time; and
(iii) in relation to permissions granted after the commencing time on applications referred to in subparagraph (ii); and
(b) paragraph 272(c) of the Bankruptcy Act does not apply to anything done by a bankrupt in accordance with a permission referred to in paragraph (a) of this item.
223 Items 107, 108, 109, 110, 111, 112, 114, 115, 116, 117, 118, 119, 120, 122, 123 and 125
The amendments made by items 107, 108, 109, 110, 111, 112, 114, 115, 116, 117, 118, 119, 120, 122, 123 and 125 apply to objections filed after the commencing time.
224 Item 128
The amendment made by item 128 applies to annulments after the commencing time, including annulments of bankruptcies for which the date of bankruptcy is before the commencing time.
225 Item 129
The amendment made by item 129 applies to petitions presented after the commencing time.
226 Items 131 and 132
The amendments made by items 131 and 132 apply to registration applications made after the commencing time.
227 Items 133 and 134
The amendments made by items 133 and 134 apply to extensions of registration with an expiry date that is at least 3 months after the commencing date.
228 Items 138 and 139
The amendments made by items 138 and 139 apply where the trustee is appointed after the commencing time.
229 Item 143
The amendment made by item 143 applies to all bankruptcies (including those for which the date of the bankruptcy is before the commencing date).
230 Items 144, 145, 146, 147, 148, 149, 151, 153, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166 and 167
(1) The amendments made by items 144, 145, 146, 147, 148, 149, 151, 153, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166 and 167 apply to debt agreements that are in force at the commencing time and to debt agreements made after the commencing time.
(2) Things that were done before the commencing time by, or in relation to, the Official Trustee under Part IX of the Bankruptcy Act are to be treated as if they had been done by, or in relation to, the Official Receiver.
231 Item 150
The amendment made by item 150 applies to debt agreement proposals that are given after the commencing time under subsection 185C(1) of the Bankruptcy Act.
232 Item 154
The amendment made by item 154 applies to debt agreement proposals that are given after the commencing time under subsection 185C(1) of the Bankruptcy Act.
233 Item 169
The amendment made by item 169 applies to authorities that are signed after the commencing time.
234 Item 170
The amendment made by item 170 applies in cases where the control ends after the commencing time.
235 Item 179
The amendment made by item 179 applies to debts contracted after the commencing time.
236 Item 186
The amendment made by item 186 applies to applications made after the commencing time.
237 Item 187
The amendment made by item 187 applies in cases where the application for remission is made to the Inspector-General after the commencing time.
Bankruptcy Legislation Amendment Act 2004 (No. 80, 2004)
Schedule 1
212 Transitional--pre-commencement deeds and compositions
(1) For the purposes of this item, if a deed of assignment or a deed of arrangement was executed by a debtor and a trustee under Part X of the Bankruptcy Act 1966 before the commencement of this item, the deed is a pre-commencement deed.
(2) For the purposes of this item, if a composition was accepted before the commencement of this item by a special resolution of a meeting of creditors under section 204 of the Bankruptcy Act 1966, the composition is a pre-commencement composition.
(3) Despite the repeals and amendments made by Parts 1 and 2 of this Schedule:
(a) the Bankruptcy Act 1966 and regulations under that Act; and
(b) the Acts amended by Part 2 of this Schedule;
continue to apply, in relation to:
(c) a pre-commencement deed; and
(d) a pre-commencement composition; and
(e) any matter connected with, or arising out of:
(i) a pre-commencement deed; or
(ii) a pre-commencement composition;
as if those repeals had not happened and those amendments had not been made.
213 Transitional--pre-commencement authorities
(1) For the purposes of this item, if:
(a) an authority given by a debtor under section 188 of the Bankruptcy Act 1966 became effective before the commencement of this item; and
(b) as at the commencement of this item, none of the following had happened:
(i) the execution by the debtor and the trustee of a deed of assignment under Part X of the Bankruptcy Act 1966;
(ii) the execution by the debtor and the trustee of a deed of arrangement under Part X of the Bankruptcy Act 1966;
(iii) the acceptance of a composition by a special resolution of a meeting of the debtor's creditors under section 204 of the Bankruptcy Act 1966;
the authority is a pre-commencement authority.
(2) Despite the repeals and amendments made by Parts 1 and 2 of this Schedule:
(a) the Bankruptcy Act 1966 and regulations under that Act; and
(b) the Acts amended by Part 2 of this Schedule;
continue to apply, in relation to:
(c) a pre-commencement authority; and
(d) the control of the debtor's property following a pre-commencement authority becoming effective; and
(e) a meeting of the debtor's creditors called under a pre-commencement authority; and
(f) whichever of the following is applicable:
(i) a deed of assignment executed after the commencement of this item by the debtor and the trustee under Part X of the Bankruptcy Act 1966 in accordance with a special resolution of such a meeting;
(ii) a deed of arrangement executed after the commencement of this item by the debtor and the trustee under Part X of the Bankruptcy Act 1966 in accordance with a special resolution of such a meeting;
(iii) a composition accepted after the commencement of this item by a special resolution of such a meeting; and
(g) any other matter connected with, or arising out of:
(i) a pre-commencement authority; or
(ii) a deed of assignment mentioned in subparagraph (f)(i); or
(iii) a deed of arrangement mentioned in subparagraph (f)(ii); or
(iv) a composition mentioned in subparagraph (f)(iii);
as if those repeals had not happened and those amendments had not been made.
214 Application--statements of affairs
(1) The amendment made by item 4 of this Schedule, in so far as it relates to subsection 54(1) or (2) of the Bankruptcy Act 1966, applies to a statement filed after the commencement of this item.
(2) The amendment made by item 4 of this Schedule, in so far as it relates to paragraph 55(2)(b), 56B(3)(a) or (b), 56F(1)(a) or (b) or 57(2)(a) or (b) of the Bankruptcy Act 1966, applies in relation to a statement that accompanies a petition presented after the commencement of this item.
(3) The amendment made by item 4 of this Schedule, in so far as it relates to section 185D of the Bankruptcy Act 1966, applies to a statement given after the commencement of this item.
215 Transitional--regulations
(1) The regulations may make provision for matters of a transitional nature arising from the amendments made by Parts 1 and 2 of this Schedule.
(2) The Governor-General may make regulations for the purposes of subitem (1).
Schedule 2
11 Application--notification of proposals
The amendment made by item 4 applies to a proposal lodged with a trustee after the commencement of this item.
12 Transitional--annulments
(1) For the purposes of this item, if a composition or scheme of arrangement under Division 6 of Part IV of the Bankruptcy Act 1966 was annulled before the commencement of this item, the annulment is a pre-commencement annulment.
(2) For the purposes of this item, if:
(a) an application is made before the commencement of this item under subsection 75(4) of the Bankruptcy Act 1966 for the annulment of a composition or scheme of arrangement; and
(b) as at the commencement of this item, proceedings in relation to that application have not been finally determined;
the application is a pre-commencement annulment application.
(3) Despite the repeals and amendments made by items 1, 2, 3, 7, 8, 9 and 10 of this Schedule and item 41 of Schedule 1, the Bankruptcy Act 1966 and regulations under that Act continue to apply, in relation to:
(a) a pre-commencement annulment; and
(b) a pre-commencement annulment application; and
(c) an annulment that results from a pre-commencement annulment application;
as if those repeals had not happened and those amendments had not been made.
13 Application--proposals for compositions or schemes of arrangement
The amendments made by items 5 and 6 of this Schedule apply in relation to a bankrupt's proposal for a composition or scheme of arrangement unless a copy of the trustee's report on the proposal was sent to a creditor before the commencement of this item.
Schedule 5
3 Application of amendments
The amendments made by this Schedule apply in relation to a trustee if, after the commencement of this item, the bankrupt tells the trustee, or the trustee otherwise finds out, that a person is a creditor of the bankrupt.
Schedule 6
4 Application of amendments
(1) The amendment made by item 1 applies to a bankruptcy notice issued after the commencement of this item.
(2) The amendment made by item 3 applies to a warrant issued after the commencement of this item.
Schedule 7
3 Validation of acts
Past acts
(1) For the purposes of this item, a past act is an act or thing that was done on either or both of the following assumptions:
(a) the assumption that the commencing date defined in item 198 of Schedule 1 to the Bankruptcy Legislation Amendment Act 2002 was the date on which that Schedule commenced;
(b) the assumption that the commencing time defined in item 198 of Schedule 1 to the Bankruptcy Legislation Amendment Act 2002 was the time when that Schedule commenced.
Validation of past acts
(2) To avoid doubt, past acts are as valid, and are taken always to have been as valid, as they would have been if:
(a) the commencing date defined in item 198 of Schedule 1 to the Bankruptcy Legislation Amendment Act 2002 had been the date on which that Schedule commenced; and
(b) the commencing time defined in item 198 of Schedule 1 to the Bankruptcy Legislation Amendment Act 2002 had been the time when that Schedule commenced.
Note: Schedule 1 to the Bankruptcy Legislation Amendment Act 2002 commenced on 5 May 2003.
Financial Framework Legislation Amendment Act 2005 (No. 8, 2005)
4 Saving of matters in Part 2 of Schedule 1
(1) If:
(a) a decision or action is taken or another thing is made, given or done; and
(b) the thing is taken, made, given or done under a provision of a Part 2 Act that had effect immediately before the commencement of this Act;
then the thing has the corresponding effect, for the purposes of the Part 2 Act as amended by this Act, as if it had been taken, made, given or done under the Part 2 Act as so amended.
(2) In this section:
Part 2 Act means an Act that is amended by an item in Part 2 of Schedule 1.
Schedule 1
496 Saving provision--Finance Minister's determinations
If a determination under subsection 20(1) of the Financial Management and Accountability Act 1997 is in force immediately before the commencement of this item, the determination continues in force as if it were made under subsection 20(1) of that Act as amended by this Act.
Bankruptcy and Family Law Legislation Amendment Act
2005
(No. 20, 2005)
Schedule 2
5 Application
Paragraph 139ZIC(2)(a) of the Bankruptcy Act 1966 as amended by this Schedule applies in relation to a bankrupt who is liable to pay a contribution, whether the liability arose before, at or after the commencement of this item.
Schedule 3
2 Application of amendment
The amendment made by item 1 applies to all bankruptcies current on or after the commencement of this item.
Schedule 4
3 Application of amendments
The amendments made by this Schedule apply in relation to financial agreements (within the meaning of the Family Law Act 1975) entered into after the commencement of this item.
Bankruptcy
Legislation Amendment (Anti-avoidance) Act 2006
(No. 33, 2006)
Schedule 1
30 Application of amendments
(1) The amendment made by item 2 applies in relation to an attendance under section 77C of the Bankruptcy Act 1966 that occurs on or after the commencement of this item.
(2) The amendment made by item 3 applies in relation to an examination under section 81 of the Bankruptcy Act 1966 that occurs on or after the commencement of this item.
(3) The amendments made by items 6 to 15 apply to a transfer of property made on or after the commencement of this item.
(4) The amendments made by items 1, 4 and 5 and 16 to 29 apply in relation to an examinable period that commences on or after the commencement of this item.
Bankruptcy
Legislation Amendment (Fees and Charges) Act 2006
(No. 34, 2006)
Schedule 1
3 Application of amendment of paragraph 154A(3)(b)
The amendment of paragraph 154A(3)(b) of the Bankruptcy Act 1966 made by this Part applies to applications made on or after 1 July 2006 under section 154A of the Bankruptcy Act 1966.
5 Application of amendment of paragraph 155C(1)(b)
The amendment of paragraph 155C(1)(b) of the Bankruptcy Act 1966 made by this Part applies to registrations resulting from applications made on or after 1 July 2006 under section 154A of the Bankruptcy Act 1966.
9 Application of amendments of section 155D
The amendments of section 155D of the Bankruptcy Act 1966 made by this Part apply to extensions under that section resulting from applications made on or after 1 July 2006 as described in that section.
13 Application of amendments of section 163
The amendments of section 163 of the Bankruptcy Act 1966 made by this Part apply to remuneration of the Official Trustee for work arising from any of the following events happening on or after 1 July 2006:
(a) the making of a direction under section 50 of that Act;
(b) a person becoming bankrupt;
(c) lodgment of a proposal for a composition or scheme of arrangement under section 73 of that Act;
(d) the giving of a proposal for a debt agreement under section 185C of that Act;
(e) signature of an authority under section 188 of that Act;
(f) the making of an order for the Official Trustee to act as the trustee of an estate.
15 Application of amendment of section 163A
The amendment of section 163A of the Bankruptcy Act 1966 made by this Part applies to the fee for the exercise of a power at the request of a trustee made on or after 1 July 2006.
18 Saving regulations providing for charging and payment of fees
(1) This item explains the effect of the amendment of paragraph 315(2)(j) of the Bankruptcy Act 1966 made by this Part on regulations that:
(a) were in force just before 1 July 2006; and
(b) provided for the charging or payment of fees in relation to things described in that paragraph.
(2) The amendment affects the regulations only so far as they provided for the setting of amounts of fees other than fees mentioned in paragraph 81(17)(b).
Note: The amendment causes the regulations to cease setting the amounts of fees (other than fees mentioned in paragraph 81(17)(b)) on 1 July 2006.
(3) To avoid doubt, the amendment does not affect the regulations so far as they provide for other aspects of the charging and payment of fees.
Schedule 3
4 Transitional provision
(1) Regulations that were in force for the purposes of paragraph 155E(3)(a) of the Bankruptcy Act 1966 just before the commencement of the amendment of section 155E of that Act made by this Part have effect as if they had been made for the purposes of subsection 155E(3) of that Act as amended by this Part.
(2) This item does not prevent the amendment or repeal of those regulations by regulations under the Bankruptcy Act 1966.
Schedule 4
8 Saving
The repeal and substitution of subsection 77C(1) of the Bankruptcy Act 1966 by this Schedule does not affect:
(a) a requirement under that subsection involving a notice given before the repeal; or
(b) an authorisation of an officer to exercise powers under paragraph 77C(1)(b) of that Act that was given before the repeal.
Tax Laws Amendment (Repeal of Inoperative
Provisions) Act 2006
(No. 101,
2006)
Schedule 6
1 Application of Schedule 1 and 2 amendments
Except as mentioned in items 2 and 3, the repeals and amendments made by Schedules 1 and 2 apply:
(a) so far as they affect assessments--to assessments for the 2006-07 income year and all later income years; and
(b) otherwise--to acts done or omitted to be done, or states of affairs existing, after the commencement of the repeals and amendments.
6 Object
The object of this Part is to ensure that, despite the repeals and amendments made by this Act, the full legal and administrative consequences of:
(a) any act done or omitted to be done; or
(b) any state of affairs existing; or
(c) any period ending;
before such a repeal or amendment applies, can continue to arise and be carried out, directly or indirectly through an indefinite number of steps, even if some or all of those steps are taken after the repeal or amendment applies.
7 Making and amending assessments, and doing other things, in relation to past matters
Even though an Act is repealed or amended by this Act, the repeal or amendment is disregarded for the purpose of doing any of the following under any Act or legislative instrument (within the meaning of the Legislative Instruments Act 2003):
(a) making or amending an assessment (including under a provision that is itself repealed or amended);
(b) exercising any right or power, performing any obligation or duty or doing any other thing (including under a provision that is itself repealed or amended);
in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment applies.
Example 1: On 31 July 1999, Greg Ltd lodged its annual return under former section 160ARE of the Income Tax Assessment Act 1936. The return stated that the company had a credit on its franking account and that no franking deficit tax was payable for the 1998-99 franking year. Under former section 160ARH of that Act, the Commissioner was taken to have made an assessment consistent with the return.
Following an audit undertaken after the repeal of Part IIIAA of that Act, the Commissioner concludes that Greg Ltd fraudulently overfranked dividends it paid during the 1998-99 franking year, and had a franking account deficit for that franking year. As a result, the Commissioner considers that franking deficit tax and a penalty by way of additional tax are payable.
The Commissioner can amend the assessment under former section 160ARN of that Act, because item 7 of this Schedule disregards the repeal of that section for the purposes of making an assessment in relation to the 1998-99 franking year. Item 7 will also disregard the repeal of Division 11 of former Part IIIAA to the extent necessary for the Commissioner to assess Greg Ltd's liability to a penalty by way of additional tax.
Despite the repeal of sections 160ARU and 160ARV, item 9 will ensure that the general interest charge will accrue on the unpaid franking deficit tax and penalty until they are paid.
Item 7 will also preserve Greg Ltd's right, under former section 160ART of that Act, to object against the Commissioner's amended assessment (including the penalty), since the objection is the exercise of a right in relation to a franking year that ended before the repeal of Part IIIAA.
Example 2: During the 1997-98 income year, Duffy Property Ltd withheld amounts from its employees' wages as required by former Divisions 1AAA and 2 of Part VI of the Income Tax Assessment Act 1936. The company failed to notify the Commissioner of those amounts, and failed to remit them to the Commissioner.
Following an audit undertaken after the repeal of those Divisions, the Commissioner discovers that the withheld amounts have not been remitted. The company's records are incomplete and the Commissioner is unable to completely ascertain the extent of its liability for the withheld amounts. Under section 222AGA of that Act, the Commissioner makes an estimate of the liability.
Item 7 will disregard the repeal of section 220AAZA of that Act (which empowered the Commissioner to recover the amount of the estimate). Even though the estimate is made after the repeal, it relates to amounts withheld before the repeal.
8 Saving of provisions about effect of assessments
If a provision or part of a provision that is repealed or amended by this Act deals with the effect of an assessment, the repeal or amendment is disregarded in relation to assessments made, before or after the repeal or amendment applies, in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment applies.
9 Saving of provisions about general interest charge, failure to notify penalty or late reconciliation statement penalty
If:
(a) a provision or part of a provision that is repealed or amended by this Act provides for the payment of:
(i) general interest charge, failure to notify penalty or late reconciliation statement penalty (all within the meaning of the Income Tax Assessment Act 1936); or
(ii) interest under the Taxation (Interest on Overpayments and Early Payments) Act 1983; and
(b) in a particular case, the period in respect of which the charge, penalty or interest is payable (whether under the provision or under the Taxation Administration Act 1953) has not begun, or has begun but not ended, when the provision is repealed or amended;
then, despite the repeal or amendment, the provision or part continues to apply in the particular case until the end of the period.
10 Repeals disregarded for the purposes of dependent provisions
If the operation of a provision (the subject provision) of any Act or legislative instrument (within the meaning of the Legislative Instruments Act 2003) made under any Act depends to any extent on an Act, or a provision of an Act, that is repealed by this Act, the repeal is disregarded so far as it affects the operation of the subject provision.
11 Schedule does not limit operation of section 8 of the Acts Interpretation Act 1901
This Schedule does not limit the operation of section 8 of the Acts Interpretation Act 1901.
Superannuation Legislation Amendment (Simplification)
Act 2007
(No. 15,
2007)
Schedule 3
3 Application
The amendments made by the previous 2 items of this Schedule apply on and after 1 July 2007.
Bankruptcy Legislation Amendment (Debt Agreements) Act
2007
(No. 44,
2007)
Schedule 1
21 Transitional--approval of form
(1) This item applies to a written approval that:
(a) was given by the Inspector-General for the purposes of the definition of approved form in subsection 5(1) of the Bankruptcy Act 1966; and
(b) was in force immediately before the commencement of this item.
(2) The amendment of that definition by this Schedule does not affect the continuity of the approval.
(3) Section 33 of the Acts Interpretation Act 1901 has effect, in relation to the instrument of approval, as if the amendment of that definition by this Schedule had been in force at the time when the approval was given.
22 Application of amendment--subsection 20B(7A) of the Bankruptcy Act 1966
Subsection 20B(7A) of the Bankruptcy Act 1966 applies to payments made before, at or after the commencement of this item.
23 Transitional--sections 186C, 186K and 186L of the Bankruptcy Act 1966
Before 1 July 2007, paragraphs 186C(2)(d) and (4)(d), 186K(3)(a) and 186L(3)(a) of the Bankruptcy Act 1966 have effect as if the amendments made by Schedule 2 to this Act, to the extent to which they relate to a duty of an administrator in relation to a debt agreement, had commenced at the same time as this item commences.
Schedule 2
80 Application of amendments
The amendments made by this Schedule apply in relation to:
(a) a debt agreement proposal given to the Official Receiver on or after 1 July 2007; and
(b) a debt agreement made as the result of the acceptance of a debt agreement proposal given to the Official Receiver on or after 1 July 2007.
Bankruptcy Legislation Amendment (Superannuation Contributions) Act 2007 (No. 57, 2007)
Schedule 2
4 Transitional--subsection 20H(5) of the Bankruptcy Act 1966
(1) This item applies to anything done by the Official Trustee under subsection 20H(5) of the Bankruptcy Act 1966 before the commencement of this item.
(2) The thing has effect, after the commencement of this item, as if it had been done under that subsection by the Inspector-General.
Personal Property
Securities (Consequential Amendments) Act 2009
(No. 131,
2009)
Schedule 5
18 Application of amendments of the Bankruptcy Act 1966
The amendment of the Bankruptcy Act 1966 made by item 9 of this Schedule does not apply in relation to a bankruptcy if the date of the bankruptcy (within the meaning of that Act) is before the time the item commences.
Note: Item 9 commences at the registration commencement time within the meaning of section 306 of the Personal Property Securities Act 2009.
Bankruptcy Legislation Amendment Act 2010 (No. 106, 2010)
Schedule 1
17 Application
The amendments made by this Schedule apply in relation to bankruptcies for which the date of the bankruptcy is on or after the day on which this item commences.
Schedule 2
84 Application
(1) The amendment made by item 5 applies in relation to orders made on or after the commencement of that item.
(2) The amendment made by item 12 applies in relation to special resolutions passed on or after the commencement of that item.
(3) The amendment made by item 15 applies in relation to bankruptcies for which the date of the bankruptcy is before, on or after the day on which that item commences.
(4) The amendments made by items 16 to 19 apply in relation to bankruptcies for which the date of the bankruptcy is on or after the day on which those items commence.
(5) The amendments made by items 20 and 23 apply in relation to bankruptcies that are annulled on or after the commencement of those items.
(6) The amendment made by item 24 applies in relation to persons ceasing to be registered as a trustee on or after the commencement of that item.
(7) The amendments made by items 27 and 33 apply in relation to financial years ending on or after the commencement of those items.
(8) The amendments made by items 31 and 35 apply in relation to deaths occurring on or after the commencement of those items.
(9) The amendment made by item 37 applies in relation to notices given under subsection 186J(2) of the Bankruptcy Act 1966 on or after the commencement of that item.
(10) The amendments made by items 39, 41 and 43 apply in relation to cancellations made on or after the commencement of those items.
(11) The amendments made by items 45 and 46 apply in relation to personal insolvency agreements entered into on or after the commencement of those items.
(12) The amendment made by item 47 applies in relation to terminations or variations occurring on or after the commencement of that item.
(13) The amendment made by item 49 applies in relation to variations occurring on or after the commencement of that item.
(14) The amendment made by item 51 applies in relation to terminations occurring on or after the commencement of that item.
(15) The amendments made by items 53, 57, 60 and 64 apply in relation to orders made on or after the commencement of those items.
(16) The amendment made by item 65 applies in relation to annulments occurring on or after the commencement of that item.
(17) The amendments made by items 70 and 71 apply in relation to the obtaining of property, and the incurring of debts or liabilities, on or after the commencement of those items.
(18) The amendment made by item 75 applies in relation to declarations made on or after the commencement of that item.
(19) The amendments made by items 79 and 80 apply in relation to debt agreements made on or after the commencement of those items.
Schedule 3
17 Transitional
(1) A person who is an Official Receiver for a District immediately before the commencement of this item is taken to have been appointed, at the commencement of this item, under section 16 of the Bankruptcy Act 1966 as an Official Receiver.
(2) The amendment made by item 6 does not affect the validity of the exercise of a power or the performance of a function by an Official Receiver before the commencement of that item.
Schedule 4
4 Application
(1) The amendment made by item 1 applies in relation to bankruptcy notices issued on or after the commencement of that item.
(2) The amendment made by item 2 applies in relation to creditors' petitions presented on or after the commencement of that item.
(3) The amendment made by item 3 applies in relation to petitions presented on or after the commencement of that item.
13 Application
The amendments made by items 5, 6, 8, 10 and 12 apply in relation to declarations presented under section 54A of the Bankruptcy Act 1966 on or after the commencement of those items.
Acts Interpretation Amendment Act 2011 (No. 46, 2011)
Schedule 3
10 Saving--appointments
The amendments made by Schedule 2 do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement.
11 Transitional regulations
The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1 and 2.
Crimes Legislation Amendment Act (No. 2) 2011 (No. 174, 2011)
Schedule 2
150 Application of amendments--the Bankruptcy Act 1966
(1) The amendments of the Bankruptcy Act 1966 made by items 142 to 149 of this Schedule apply as set out in this item.
(2) The amendments apply in relation to proceeds of crime orders (or applications, proceedings or pending proceedings for proceeds of crime orders), or proceedings under the Bankruptcy Act 1966, made or (in the case of proceedings) started before, at or after the commencement of those items.
(3) The amendments apply under subitem (2) of this item regardless of whether the conduct giving rise to those orders (or applications or proceedings for orders) occurred, or is suspected to have occurred, before, at or after the commencement of those items.
Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011 (No. 189, 2011)
Schedule 2
31 Application of amendments made by items 1, 2 and 30
The amendments made by items 1, 2 and 30 of this Schedule apply in relation to proceedings transferred to the Family Court whether before, on or after the commencement of those items.
Table B
Schedule 2 Modifications under section 76A of the Act -- meetings of creditors under Division 6 of Part IV of the Act
(regulation 4.19)
1AA Subsection 64A (2)
substitute
(2) Notice of a meeting:
(a) for the first meeting of creditors -- must be published in a manner approved by the Inspector-General; and
(b) for any other meeting of creditors -- must be given in a manner specified in the regulations.
1AB After subsection 64A (2)
insert
(3) The notice of the first meeting of creditors must include any matter approved by the Inspector-General.
(4) For the purposes of paragraph (2) (a) and without limiting the power of the Inspector-General under that paragraph, the Inspector-General may:
(a) approve, as the manner of publication of the notice of the first meeting of creditors, publication on a website; and
(b) specify in the approval:
(i) the website where the notice must be published; and
(ii) any conditions relating to the approval.
Example
The Inspector-General may specify:
(a) the format in which the notice is to be made available; and
(b) the period of time for which the notice must remain on the website; and
(c) whether related documents are to be made available for downloading from the website or in hard copy.
(5) An approval made by the Inspector-General for the purposes of paragraph (2) (a) or subsection (3) must be published on the Insolvency and Trustee Service Australia's website.
1AC After section 64A
insert
64AA Immunity from civil actions and proceedings
(1) A civil action or proceeding does not lie against a person who operates a website, specified in an approval for the purposes of paragraph 64A (2) (a) or subsection 64A (3), in respect of a publication of a notice of the first meeting of creditors (or a notice that appears to be a notice of the first meeting of creditors) if the publication was made in good faith and without negligence.
(2) Nothing in this section affects by implication any other ground of defence.
1 Section 64B (Certain matters to be included in notice of meeting)
1.1 Add at the end:
'(6) The trustee must attach to the notice:
(a) the documents referred to in subsection 73 (2); and
(b) if the meeting is the first meeting of creditors held during the administration of the estate -- a copy of:
(i) the bankrupt's statement of affairs; or
(ii) a summary of that statement.'.
1B After paragraph 64D (aa)
insert
(ab) whether the creditor, in relation to the debtor, is a related entity; and
2 Section 64E (Notice about voting by proxy)
2.1 Omit the section, substitute:
'
64E Notice -- proxy voting and voting on
bankrupt's
proposal
'(1) The trustee must attach to the notice a form for use in:
(a) appointing a proxy; and
(b) expressing under subsection 73 (5) the creditor's assent to, or dissent from, the bankrupt's proposal.
'(2) The notice must tell the creditors that if a creditor wishes to appoint a person to represent the creditor at the meeting as the creditor's proxy, the creditor must complete the form of appointment of proxy and either:
(a) arrange for the proxy to give the completed form to the trustee before the meeting; or
(b) send the completed form with the statement given by the creditor to the trustee in accordance with section 64D.
'(3) The notice must tell creditors that if a creditor wishes to use the form to express his or her assent to or dissent from the bankrupt's proposal, the creditor must arrange for the form to be given to the trustee before the meeting.'.
3 Section 64G (Agenda to be set out in notice of meeting)
3.1 Paragraph 64G (g):
Omit the paragraph, substitute:
'(g) consideration of the bankrupt's proposals for a composition or scheme of arrangement;'.
3.2 Paragraph 64G (k):
Omit the paragraph, substitute:
'(k) proposal of:
(i) a special resolution accepting the bankrupt's proposal for a composition or a scheme of arrangement; or
(ii) any other relevant motion;'.
4 Section 64R (Tabling of bankrupt's statement of affairs)
4.1 Omit the section, substitute:
'
64R Provision of bankrupt's statement of affairs,
bankrupt's proposal and trustee's report
'(1) The President must then ask whether each creditor, or representative of a creditor, at the meeting has with him or her a copy of:
(a) the bankrupt's proposal; and
(b) the trustee's report on the proposal.
'(2) If the meeting is the first meeting of the creditors, the President must also ask each creditor or representative whether the creditor or representative has a copy of the bankrupt's statement of affairs with him or her.
'(3) If a creditor or representative indicates that he or she does not have a copy of the proposal, the report or the statement of affairs with him or her, the trustee must give the creditor or representative, as soon as practicable, a copy of the proposal, report or statement, as the case requires.
'(4) If the trustee cannot give a creditor or representative a copy of the proposal, report or statement of affairs within a reasonable time, the meeting is to be adjourned to a time and place decided by the meeting.
'(5) In this section, a reference to a statement of affairs is taken to include a reference to a summary of such a statement.'.
5 Section 64S (Statements and questions)
5.1 Subsection 64S (1)
Omit the subsection, substitute:
'(1) The President must then invite the bankrupt to make a statement outlining his or her proposal to the meeting.
'(1A) The President must then ask the trustee to comment on his or her report on the bankrupt's proposal.'.
6 Section 64T (Motions)
6.1 Omit the section, substitute:
' 64T Motions
'(1) The President must then call for a motion for a special resolution to approve the bankrupt's proposal for a composition or scheme of arrangement.
'(2) If a motion is:
(a) not proposed; or
(b) proposed but not passed;
the President may close the meeting.'.
7 Section 64U (Remuneration of registered trustee)
7.1 Subsection 64U (1)
Omit the subsection, substitute:
'(1) If:
(a) a special resolution, accepting the bankrupt's proposal, has been passed at the meeting; and
(b) a registered trustee has consented to be the trustee of the composition or scheme of arrangement; and
(c) the President has told the creditors and representatives at the meeting that provision for remuneration of the trustee may be included in the instrument setting out the terms of the composition or scheme;
the President must then ask the trustee of the composition or scheme of arrangement to state the basis on which the trustee wishes to be remunerated.'.
7.2. Subsection 64U (8):
Omit the subsection, substitute:
'(8) If:
(a) a special resolution, accepting the bankrupt's proposal, has been passed at the meeting; and
(b) the trustee of the bankruptcy is a registered trustee;
the President must ask the trustee to lay before the meeting a statement of the amount of remuneration drawn by the trustee from the funds of the bankrupt's estate before the meeting was held.
'(9) The trustee must comply with the President's request.'.
8 Section 64V (Appointment of committee of inspection)
8.1 Omit the section.
9 Section 64W (Other business)
9.1 Omit the section.
10 Section 64X (Next meeting)
10.1 Omit the section.
10A Before subsection 64Y (1)
insert
(1A) The trustee may adjourn a meeting to undertake further investigations, in relation to the proposal for the composition or scheme of arrangement, that the trustee considers necessary.
(1B) The creditors attending the meeting may, by special resolution, revoke the trustee's decision to adjourn the meeting.
11 Section 64ZB (Manner of voting)
11.1 After subsection 64ZB (1), insert:
'(1A) A creditor may, in a written vote given to the trustee at least 2 clear days (not including a Saturday, a Sunday or a public holiday) before the meeting is held, vote on a special resolution to accept a proposal by a bankrupt for a composition or scheme of arrangement.'.
11A After subsection 64ZC (5)
insert
(5A) An instrument appointing a proxy must include the following statements:
(a) a statement disclosing whether or not the proxy has received, or will receive, a financial incentive to vote in a particular way:
(i) on a particular matter or matters that may arise at a meeting to which the proxy relates; or
(ii) on a particular motion or motions that may be proposed at a meeting to which the proxy relates;
(b) a statement disclosing whether or not the creditor has received, or will receive, a financial incentive:
(i) to appoint the proxy; or
(ii) to direct the proxy as to the manner in which the proxy is to vote on a particular matter or matters that may arise, or on a particular motion or motions that may be proposed, at a meeting to which the proxy relates;
(c) if the proxy or creditor has received, or will receive, a financial incentive in relation to a matter mentioned in paragraph (a) or (b) -- a statement specifying the amount of financial incentive paid or to be paid and the name of the person who paid, or is to pay, the financial incentive.
12 Section 64ZE (Joint bankruptcies)
12.1 Omit the section.
Schedule 6 Modifications in relation to Part X of the Act
(regulations 10.01, 10.05, 10.07, 10.08 and 10.13)
Part 1 Modifications of Part X of the Act -- joint debtors
omit
This Part
insert
(1) This Part
insert
(2) In the application of this Part (other than subsection 187 (1A)) to joint debtors, whether partners or not, an expression specified in one of the following rules of interpretation applies to the extent that the context reasonably permits:
(a) 'a debtor' is to be read as 'joint debtors';
(b) 'the debtor' is to be read as 'the joint debtors';
(c) 'the debtor's' is to be read as 'the joint debtors';
(d) if used in relation to a debtor:
(i) 'he or she' is to be read as 'they'; and
(ii) 'his or her' is to be read as 'their'; and
(iii) 'him or her' is to be read as 'them'; and
(iv) a noun or verb in the singular form is to be read as being in the plural form.
(3) Subsection (2) applies, subject to any specific modifications of this Part by the Bankruptcy Regulations 1996.
(4) To the extent that the context reasonably permits, a reference (by operation of subsection (2)) to joint debtors includes a reference to any of the joint debtors.
(5) A reference to the affairs, or examinable affairs, of a debtor includes a reference to the separate affairs, or separate examinable affairs, of a joint debtor.
3 Subsection 188 (1)
omit
A debtor
insert
If each joint debtor is a person
4 Subsection 188 (1)
before
may sign
insert
the joint debtors
5 Subsections 188 (2AA) and (2AB)
omit
the debtor
insert
each joint debtor
6 Subsection 188 (2C)
omit the second occurrence of
the debtor
insert
each joint debtor
7 Subsection 188 (2D)
omit the second occurrence of
the debtor
insert
each joint debtor
8 Subsection 188 (4)
before
insert
joint
10 Paragraphs 188A (2) (a) and (c)
omit
the debtor's
insert
each joint debtor's
11 Paragraph 188A (2) (e)
omit
the debtor
insert
each joint debtor
12 Paragraph 188A (2) (l)
omit
the debtor
insert
each joint debtor
13 Subsection 189AB (1)
omit
(1) When the debtor's property becomes subject to control under this Division, the debtor's property is charged with:
insert
(1) When the property of joint debtors becomes charged under this Division, the charges specified in subsection (1A) are created with respect to:
14 After subsection 189AB (1)
insert
(1A) The charges are:
(a) a charge over the joint property of the joint debtors; and
(b) a separate charge over the separate property of each joint debtor.
15 Subsection 189AB (2)
omit
the charge is not affected
insert
none of the charges is affected
16 Subsections 189AB (3) and (4)
omit
The charge
insert
Each charge
17 Paragraph 189A (1) (a)
substitute
(a) summarising and commenting on the information about:
(i) the joint estates of the joint debtors; and
(ii) the separate estate of each joint debtor;
that is available to the controlling trustee; and
Part 2 Modifications of Division 5 of Part IV of the Act -- meetings called under authorities under section 188 of the Act
1 Subsection 63A (1), definition of joint bankruptcy, subparagraph (d) (ii)
omit
jointly.
insert
jointly; or
2 Subsection 63A (1), definition of joint bankruptcy, after paragraph (d)
insert
(e) the situation arising out of the signing, by joint debtors for the purposes of section 188, of a joint authority or separate authorities for the administration of their joint estate.
3 Subsection 64A (2)
substitute
(2) Notice of a meeting must:
(a) be given in a manner specified in the regulations; and
(b) be published in:
(i) a national daily newspaper that circulates throughout Australia; and
(ii) a regional daily newspaper of the State or Territory in which the debtor resides.
3 Subsection 64A (2)
substitute
(2) Notice of a meeting:
(a) for the first meeting of creditors -- must be published in a manner approved by the Inspector-General; and
(b) for any other meeting of creditors -- must be given in a manner specified in the regulations.
3A After subsection 64A (2)
insert
(3) The notice of the first meeting of creditors must include any matter approved by the Inspector-General.
(4) For the purposes of paragraph (2) (a) and without limiting the power of the Inspector-General under that paragraph, the Inspector-General may:
(a) approve, as the manner of publication of the notice of the first meeting of creditors, publication on a website; and
(b) specify in the approval:
(i) the website where the notice must be published; and
(ii) any conditions relating to the approval.
Example
The Inspector-General may specify:
(a) the format in which the notice is to be made available; and
(b) the period of time for which the notice must remain on the website; and
(c) whether related documents are to be made available for downloading from the website or in hard copy.
(5) An approval made by the Inspector-General for the purposes of paragraph (2) (a) or subsection (3) must be published on the Insolvency and Trustee Service Australia's website.
3B After section 64A
insert
64AA Immunity from civil actions and proceedings
(1) A civil action or proceeding does not lie against a person who operates a website, specified in an approval for the purposes of paragraph 64A (2) (a) or subsection 64A (3), in respect of a publication of a notice of the first meeting of creditors (or a notice that appears to be a notice of the first meeting of creditors) if the publication was made in good faith and without negligence.
(2) Nothing in this section affects by implication any other ground of defence.
4 After subsection 64B (5)
insert
(6) If the meeting is the first meeting of creditors called under an authority given under section 188, the notice must state that an information sheet about Part X, dealing with the following matters, may be obtained from the Insolvency and Trustee Service Australia:
(a) meetings under Part X;
(b) controlling trustees;
(c) the administration of an authority under section 188;
(d) the application of Part X to an authority under section 188;
(e) personal insolvency agreements;
(f) the rights of creditors under Part X.
5 After paragraph 64D (aa)
insert
(ab) whether the creditor, in relation to the debtor, is a related entity; and
6 Paragraph 64G (g)
substitute
(g) if the meeting is the first meeting -- tabling of the following documents:
(i) the statement of affairs, and the proposal for dealing with them, required by subsection 188 (2C) or (2D);
(ii) the report by the controlling trustee required by section 189A;
(iii) the written statement by the controlling trustee required by section 189B;
7 Section 64P, heading
substitute
64P Controlling trustee to preside at meeting under section 188
8 Subsections 64P (1) and (2)
substitute
(1) Subject to subsection (2), the controlling trustee must preside at a meeting called under an authority under section 188.
(2) The creditors and their representatives may:
(a) vote to remove the controlling trustee as President; and
(b) nominate another person to preside at the meeting.
9 Subsection 64P (6)
omit each mention of
insert
10 Subsection 64P (7)
omit
insert
11 Subsection 64R (1)
substitute
(1) If the meeting is the first meeting, the President must then request the controlling trustee to lay before the meeting the documents specified in paragraph 64G (g), and the controlling trustee must comply with the request.
12 Subsection 64R (2)
omit
the statement of affairs,
insert
those documents,
13 Subsection 64U (1)
substitute
(1) At the first meeting called under an authority under section 188 that is attended by:
(a) the controlling trustee; or
(b) if the creditors have passed a special resolution under paragraph 204 (1) (b) -- the trustee of a personal insolvency agreement;
the President must ask the trustee to state the basis on which he or she wishes to be remunerated.
14 Before subsection 64Y (1)
insert
(1A) The controlling trustee may adjourn a meeting to undertake further investigations, in relation to the controlling trusteeship, that the controlling trustee considers necessary.
(1B) The creditors attending the meeting may, by special resolution, revoke the trustee's decision to adjourn the meeting.
15 After subsection 64ZC (5)
insert
15 After subsection 64ZC (5)
insert
(5A) An instrument appointing a proxy must include:
(a) a statement disclosing whether or not the creditor has received, or will receive, a financial incentive:
(i) to appoint the proxy; or
(ii) to direct the proxy as to the manner in which the proxy is to vote on a particular matter or matters that may arise, or on a particular motion or motions that may be proposed, at a meeting to which the proxy relates; and
(b) if the proxy or creditor has received, or will receive, a financial incentive in relation to a matter mentioned in paragraph (a) -- a statement specifying the amount of financial incentive paid or to be paid and the name of the person who paid, or is to pay, the financial incentive.
16 After subsection 64ZE (2)
insert
(3) This section applies in relation to a personal insolvency agreement only if:
(a) a joint estate forms part of the property that is to be dealt with under the agreement; and
(b) the agreement does not specifically provide for distribution of the joint estate.
Part 3 Modifications of Part VIII of the Act -- controlling trustees and trustees of personal insolvency agreements
1 Before Part VIII, Division 1
insert in Part VIII
Division 1A Interpretation
154AA Interpretation
In this Part, in its application to Part X, a reference to a registered trustee includes a reference to a controlling trustee and a trustee of a personal insolvency agreement.
omit
3 Subsection 157 (1)
substitute
(1) If:
(a) the Official Trustee is:
(i) under section 188 or 192, the controlling trustee in relation to a debtor; or
(ii) under Part X, the trustee of a personal insolvency agreement; and
(b) the creditors wish to appoint, in place of the Official Trustee:
(i) a registered trustee or a solicitor as the controlling trustee; or
(ii) a registered trustee as the trustee of the personal insolvency agreement;
the creditors may do so by resolution at a meeting of creditors.
substitute
158 Appointment of more than 1 controlling trustee
The creditors may appoint 2 or more controlling trustees jointly, or jointly and severally.
omit
substitute
160 Vacancy in position of trustee -- Official Trustee to act
If at any time there is no controlling trustee in relation to a debtor, or no trustee of a personal insolvency agreement under Part X, the Official Trustee is to act as the trustee.
7 After subsection 161 (1)
insert
(1A) This section does not apply in relation to a trustee of a personal insolvency agreement.
8 Subsection 173 (1)
substitute
(1) A controlling trustee who has consented to exercise powers given by an authority under section 188 must keep such accounts and records as are necessary to exhibit a full and correct account of the debtor's affairs and must permit a creditor:
(a) to inspect, at all reasonable times, either personally or by an agent, the accounts and records relating to the controlling trusteeship; and
(b) to take a copy of those accounts and records.
Penalty: 5 penalty units.
omit
trustee of an estate.
insert
trustee, other than controlling trustee, under Part X.
10 Section 181
substitute
181 Removal of trustee
The creditors may, by resolution, at a meeting of which at least 7 days notice has been given, remove a controlling trustee or the trustee of a personal insolvency agreement and may, at that meeting or a later meeting, appoint another trustee to replace the removed trustee.
11 Subsection 181A (1)
substitute
(1) The current controlling trustee or the current trustee of a personal insolvency agreement may, with the written consent of another trustee (either a registered trustee or the Official Trustee), nominate the other trustee as the new trustee.
12 Subsection 181A (4)
substitute
(4) If no creditor lodges a written notice of objection with the current trustee at least 2 days before the specified date, the new trustee replaces the current trustee on the date specified in the notice.
Part 4 Modifications of Division 1 of Part V of the Act -- debtors whose property is subject to control under Division 2 of Part X of the Act
substitute
77F Allowances and expenses to be paid out of debtor's property subject to control under Division 2 of Part X
If the evidence that a person gives, or the books that a person produces, under section 77C, relate to matters concerning the property of a debtor that is subject to control under Division 2 of Part X, any amount payable to the person under section 77D or 77E is to be paid out of that property.
2 Subsection 81 (1)
substitute
(1) Where a person (in this section called the relevant person) becomes a debtor whose property is subject to control under Division 2 of Part X, the Court or a Registrar may at any time (whether before or after control over that property has ended), on the application of:
(a) a person (in this section called a creditor) who has or had a debt that would be provable if the debtor were a bankrupt;
(b) the controlling trustee; or
summon the relevant person for examination in relation to the property that is subject to control under Division 2 of Part X.
Part 5 Modification under subsection 231 (1) of the Act -- personal insolvency agreements
substitute
77F Allowances and expenses to be paid out of debtor's property subject to personal insolvency agreement
If the evidence that a person gives, or the books that a person produces, under section 77C, relate to matters concerning the property of a debtor that is subject to a personal insolvency agreement, any amount payable to the person under section 77D or 77E is to be paid out of that property.
Part 6 Modifications under subsection 231 (3) of the Act -- personal insolvency agreements
1 Subsection 113 (1)
omit
presentation of a petition on which, or by virtue of the presentation of which, a person became a bankrupt,
insert
making of a sequestration order,
2 Subsection 113 (1)
omit
or, in the case of a debtor's petition, the presentation of the petition
3 After subsection 133 (13)
insert
(14) This section does not apply in relation to a personal insolvency agreement.
4 After paragraph 134 (1) (b)
insert
(ba) carry on a business of the debtor in accordance with an authorisation given under subsection (5);
5 After subsection 134 (4)
insert
(5) If a personal insolvency agreement provides for the business of the debtor to be assigned to the trustee, the agreement may:
(a) authorise the trustee to carry on a business of a debtor; and
(b) specify the period during which, and the conditions (if any) subject to which, the trustee may carry on the business.
(6) The creditors may vary or terminate an authority under subsection (5) by passing a special resolution to that effect at a meeting called for the purpose.
(7) This section extends only in relation to property of the debtor that is subject to the personal insolvency agreement.
6 Subsection 136 (1)
omit
Where any property of the bankrupt is subject to a mortgage,
insert
Where any property of the debtor that is subject to the personal insolvency agreement is also subject to a mortgage,
7 Subsection 137 (1)
omit
insert
Where goods of a debtor that are subject to a personal insolvency agreement
8 Paragraphs 138 (1) (a) and (b)
substitute
(a) the property of a debtor that is subject to a personal insolvency agreement includes rights in respect of industrial property; and
(b) the debtor is liable to pay royalties or a share of profits to a person in respect of those rights;
9 Paragraph 138 (1) (c)
omit
the bankrupt;
insert
the debtor;
10 Paragraph 138 (1) (d)
omit
the bankrupt
insert
the debtor
11 Paragraphs 139 (1) (a) and (b)
substitute
(a) the trustee has seized or disposed of any goods in the possession or on the premises of a debtor that are subject to a personal insolvency agreement without notice of any claim by any person in respect of those goods; and
(b) the goods were not, at the date of execution of the personal insolvency agreement, the property of the debtor;
12 Subsection 139 (2)
omit everything after
in respect of property
insert
that is subject to the personal insolvency agreement, being rates, land tax or municipal or other statutory charges that fall due on or after the date of execution of the personal insolvency agreement, except to the extent, if any, of the rents and profits received by the trustee in respect of that property on or after the date of execution of the personal insolvency agreement.
13 Subsection 139 (3)
substitute
(3) Where the trustee of a personal insolvency agreement carries on a business previously carried on by the debtor, the trustee is not personally liable for any payment in respect of long service leave or extended leave:
(a) for which the debtor was liable; or
(b) to which a person employed by the trustee in his or her capacity as trustee of the personal insolvency agreement, or the legal personal representative of such a person, becomes entitled after the date of execution of the personal insolvency agreement.
14 Subsection 139 (4)
omit
trustee of the estate of a bankrupt
insert
trustee of a personal insolvency agreement
omit
In this Subdivision:
insert
(1) In this Subdivision:
insert
(2) In sections 139ZK, 139ZL and 139ZP, a reference to a bankrupt is to be read as a reference to a debtor.
(3) In subsection (2):
debtor means a person who has executed a personal insolvency agreement.
17 Paragraphs 139ZK (1) (e) and (f)
omit
insert
personal insolvency agreement,
18 Subsection 139ZL (1)
omit everything before paragraph (a), insert
(1) If a debtor is liable to pay a specified amount of his or her income to the trustee in accordance with a personal insolvency agreement, the Official Receiver:
19 Subsection 139ZL (1)
omit
make the contribution.
insert
pay that amount.
20 Paragraphs 139ZL (3) (a) and (b)
omit
the contribution
insert
the amount of income
21 Subsection 139ZQ (1)
omit
bankrupt under Division 3,
insert
personal insolvency agreement because of the application of any of sections 120 to 125,
22 Subsection 139ZR (3)
omit
Division 3.
insert
any of sections 120 to 125.
Part 7 Modification under subsection 231 (5) of the Act -- trustees of personal insolvency agreements
1 Subsection 173 (1)
substitute
(1) The trustee of a personal insolvency agreement must keep such accounts and records as are necessary to exhibit a full and correct account of the administration of the agreement and must permit a creditor of the debtor:
(a) to inspect, at all reasonable times, either personally or by an agent, the accounts and records relating to the personal insolvency agreement; and
(b) to take a copy of those accounts and records.
Penalty: 5 penalty units.
Schedule 7 Modifications under Part XI of the Act -- administration of estates of deceased persons
(regulation 11.02)
1 Section 49 (Change of petitioners):
1.1 Omit 'debtor', substitute 'deceased debtor's estate'.
2 Section 50 (Taking control of debtor's property before sequestration)
2.1 Subsection 50 (1):
Omit 'debtor, but before the debtor becomes', substitute 'debtor who dies after presentation of a creditor's petition but before becoming'.
2.2 Paragraph 50 (1) (a):
Omit 'debtor's property;', substitute 'deceased debtor's estate;'.
2.3 Paragraph 50 (1) (b):
Omit 'property.', substitute 'estate.'.
2.4 Paragraph 50 (1A) (c):
Omit 'debtor', substitute 'deceased debtor's legal personal representative'.
2.5 Subsection 50 (1B):
Omit 'debtor's property', insert 'deceased debtor's estate'.
2.6 Subsection 50 (2):
Omit 'debtor' (first occurring), substitute 'legal personal representative of the deceased debtor'.
2.7 Subsection 50 (2):
Before 'debtor' (second and third occurring), insert 'deceased debtor'.
2.8 Subsection 50 (3):
Omit 'debtor and the debtor's', substitute 'deceased debtor and the debtor's'.
2.9 Subsection 50 (4):
Before 'debtor' (twice occurring) and 'debtor's', insert 'deceased'.
2.10 Paragraph 50 (5) (a):
Omit 'a sequestration order had been made against the debtor', insert 'an order had been made for the administration of the estate of the deceased debtor'.
2.11 Paragraph 50 (5) (c):
Omit 'debtor's bankruptcy if a sequestration', substitute 'administration of the deceased debtor's estate if an'.
2.12 Section 50:
Add at the end:
'(6) In this section:
legal personal representative, in relation to a deceased debtor, means:
(a) the executor under the deceased debtor's will; or
(b) the administrator under letters of administration or court order;
of the deceased debtor's estate, or a part of that estate.'.
3 Section 63A (Definitions)
3. Insert the following definition:
'legal personal representative, in relation to a deceased person, means:
(a) the executor under the deceased person's will; or
(b) the administrator under letters of administration or court order;
of the deceased person's estate, or a part of that estate;'
4 Section 64A (Persons to whom notice of meeting to be given)
4.1 Paragraph 64A (1) (a):
Omit 'the bankrupt has told the trustee,', substitute 'before his or her death the deceased person had told the trustee,'.
5 Section 64B (Certain matters to be included in notice of meeting)
5.1 Subsection 64B (1):
Before 'place', insert 'former'.
6 Section 64G (Agenda to be set out in notice of meeting)
6.1 Paragraphs 64G (a) and (i):
Omit 'bankrupt;', substitute 'legal personal representative of the deceased person;'.
7 Section 64J (Preparation of attendance record)
7.1 Subsection 64J (3):
Omit 'bankrupt', substitute 'legal personal representative of the deceased person'.
8 Section 64K (Opening of meeting)
8.1 Subsection 64K (2):
Omit 'bankrupt' (first occurring), substitute 'legal personal representative of the deceased person'.
8.2 Subsections 64K (2):
Omit 'the bankrupt.' (second occurring), substitute 'the legal personal representative.'.
8.3 Subsections 64K (3) and (6):
Omit 'the bankrupt' (wherever occurring), substitute 'the legal personal representative'.
9 Section 64L (Appointment of minutes secretary)
9.1 Subsection 64L (2):
Omit 'bankrupt', substitute 'legal personal representative of the deceased person'.
10 Section 64P (Election of person to preside at meeting)
10.1 Subsection 64P (2):
Omit 'bankrupt', substitute 'legal personal representative of the deceased person'.
11 Section 64S (Statements and questions)
11.1 Subsection 64S (2):
Omit 'bankrupt' (first occurring), substitute 'legal personal representative of the deceased person'.
11.2 Subsection 64S (2):
Omit 'the bankrupt.' (second occurring), substitute 'the legal personal representative.'.
11.3 Subsection 64S (3):
Omit 'bankrupt', substitute 'legal personal representative'.
12 Section 64Z (Duties of minutes secretary)
12.1 Paragraph 64Z (5) (d):
Omit 'bankrupt,', substitute 'legal personal representative of the deceased person,'.
13 Section 64ZC (Appointment of proxies)
13.1 Subsection 64ZC (6):
Omit 'bankrupt' (first occurring), substitute 'legal personal representative of the deceased person'.
13.2 Subsection 64ZC (6):
Omit 'the bankrupt' (second occurring), substitute 'the legal personal representative'.
14 Section 73 (Composition or arrangement)
14.1 Subsection 73 (1):
Omit 'a bankrupt', substitute 'the legal personal representative of a deceased person'.
14.2 Subsection 73 (1):
Omit 'his or her' (wherever occurring), substitute 'the deceased person's'.
14.3 Subsection 73 (2A):
Omit 'bankrupt's', substitute 'deceased person's'.
14.4 Subsection 73 (3):
Omit 'bankrupt', substitute 'legal person representative'.
14.5 Section 73:
Add at the end:
'(6) In this section:
legal personal representative, in relation to a deceased person, means:
(a) the executor under the deceased person's will; or
(b) the administrator under letters of administration or court order;
of the deceased person's estate, or a part of that estate.'.
15 Section 74 (Annulment of bankruptcy)
15.1 Omit the section, substitute:
' 74 Annulment of administration
'(1) A special resolution under subsection 73 (4) takes effect on the date on which it is passed to annul the administration of the estate to which it relates.
'(2) As soon as practicable after that date the trustee of the estate must give to the Official Receiver a certificate, signed by the trustee, of the following matters:
(a) the name of the estate;
(b) the number of the administration;
(c) the terms and date of the special resolution.
'(3) The Official Receiver must enter those matters in the official records.'.
16 Section 75 (Effect of composition or scheme of arrangement)
16. Subsection 75 (2):
Omit the subsection.
16.2 Subparagraphs 75 (4) (b) (i), (ii), (iii) and (iv):
Omit the subparagraphs, substitute:
'(i) the creditors or the estate of the deceased person will suffer injustice or undue delay if the composition or scheme of arrangement proceeds; or
(ii) the approval of the creditors resulted from a misrepresentation by the legal personal representative; or
(iii) it is desirable that the deceased person's:
(A) affairs be investigated; or
(B) estate be administered;
under this Act; or
(iv) it is likely that the creditors will receive a greater dividend if the estate is again administered under this Act;'.
16.3 Subsection 75 (4):
Omit 'trustee', substitute 'trustee, the legal personal representative'.
16.4 Subsection 75 (6), (7) and (8):
Omit the subsections, substitute:
'(6) In this section:
legal personal representative, in relation to a deceased person, means:
(a) the executor under the deceased person's will; or
(b) the administrator under letters of administration or court order;
of the deceased person's estate, or a part of that estate.'
17 Section 81 (Discovery of bankrupt's property etc)
17.1 Subsection 81 (1):
Omit the subsection, substitute:
'(1) At any time during or after the administration under Part XI of the estate of a deceased person (in this section called the relevant person), the Court may, on the application of:
(a) a person (in this section called a creditor) who has or had a debt provable in the administration; or
(b) the trustee of the estate; or
summon an examinable person in relation to the estate for examination in relation to the administration.
'(1AA) For the purposes of subsection (1):
examinable person, in relation to an estate of the relevant person, means:
(a) a person who is believed to be indebted to the estate; or
(b) a person who may be able to give information the relevant person or the examinable affairs of the relevant person; or
(c) a person who has possession of books that may relate to:
(i) the relevant person; or
(ii) the examinable affairs of the relevant person; or
(iii) the estate; or
(d) the executor under the relevant person's will; or
(e) the administrator under letters of administration or court order;
of the relevant person's estate, or a part of that estate.'.
17.2 Subsection 81 (1B):
Omit paragraph (b), substitute:
'(b) relate to:
(i) the relevant person; or
(ii) the examinable affairs of the relevant person; or
(iii) the estate.'.
17.3 Subsection 81 (11AA):
Omit the subsection.
17.4 Subsection 81 (12):
Before 'relevant person' (first occurring), insert 'estate of the'.
17.5 Subsection 81 (14):
Omit 'person, other than the relevant person,', substitute 'person'.
18 Section 82 (Debts provable in bankruptcy)
18.1 Subsection 82 (1):
Omit all the words from and including 'a bankrupt' to the end, substitute 'the estate of a deceased person was subject at the date of the order for the administration of the estate, or to which the estate may become subject because of an obligation incurred before that date, are provable in the administration of the estate.'.
18.2 Subsection 82 (1A):
Omit 'bankrupt under a maintenance agreement or maintenance order before the date of the bankruptcy.', substitute 'by the deceased person under a maintenance agreement or maintenance order during the person's lifetime and before the date of the order for the administration of the person's estate.'.
18.3 Paragraph 82 (8) (b):
Omit 'discharge of the bankrupt;', substitute 'end of the administration of the deceased person's estate;'.
19 Section 87 (Deduction of discounts)
19.1 Omit 'debtor had not become a bankrupt.', substitute 'estate had not become subject to administration under Part XI.'.
20 Section 88 (Apportionment to principal and interest of payments made before bankruptcy)
20.1 Omit 'by a debtor to a creditor before the debtor became a bankrupt', substitute:
'to a creditor by:
(a) the deceased person before his or her death; or
(b) the deceased person's estate before the date of the order for the administration of the estate;'.
21 Section 95 (Proof in respect of distinct contracts)
21.1 Omit 'person was, at the time when he or she became a bankrupt,', substitute 'deceased person whose estate is being administered under Part XI was, at the date of his or her death,'.
22 Section 104 (Appeal against decision of trustee in respect of proof)
22.1 Subsection 104 (1):
omit
insert
legal personal representative of the bankrupt
22.2 After subsection 104 (1):
insert
'(1A) An application may be made under subsection (1) on the grounds that the proof was wrongly admitted.'.
22.2 After subsection 104 (3):
insert
'(4) In this section:
legal personal representative, for a deceased person, means:
(a) the executor under the deceased person's will; or
(b) the administrator under letters of administration or court order;
of the deceased person's estate, or a part of that estate.'.
23 Section 109 (Priority payments)
23.1 Paragraph 109 (1) (a):
After 'petitioning creditor', insert 'or the trustee of the deceased person's estate'.
23.2 Paragraph 109 (1) (b):
Omit the paragraph.
24 Section 109A (Debts due to employees)
24.1 Subsection 109A (1):
Omit the subsection, substitute:
'Where:
(a) a contract of employment with a person who has since died and whose estate is being administered under Part XI was subsisting immediately before the date of the person's death; or
(b) a contract of employment with the trustee, in his or her capacity as trustee, of an estate that is being administered under Part XI was subsisting immediately before the date of the order for the administration;
the employee under the contract is, whether or not the employee is a person referred to in subsection (2), entitled to payment under section 109 as if the employee's employment had been terminated:
(c) where paragraph (a) applies:
(i) by the person; and
(ii) on the date;
mentioned in that paragraph; or
(d) where paragraph (b) applies:
(i) by the trustee; and
(ii) on the date;
mentioned in that paragraph.'.
24.2 Subsection 109A (2):
After 'trustee (twice occurring), insert 'or legal personal representative'.
24.3 After subsection 109A (2), insert:
'(2A) In subsection (2):
legal personal representative, in relation to a deceased person, means:
(a) the executor under the deceased person's will; or
(b) the administrator under letters of administration or court order;
of the deceased person's estate, or a part of that estate.'.
25 Section 110 (Application of estates of joint debtors)
25.1 Omit the section.
26 Section 114 (Payment of liabilities etc incurred under terminated deed etc)
26.1 Omit 'becomes a bankrupt', substitute 'dies, and his or her estate becomes subject to administration under Part XI,'.
27 Section 116 (Property divisible among creditors)
27.1 After subsection 116 (1), insert:
'(1A) In the application of this section to Part XI, a reference in subsection (1) to the discharge of a bankrupt is taken to be a reference to the termination of the administration, under that Part, of the estate of the deceased person.'.
27.2 Paragraphs 116 (2) (c) and (ca):
Omit the paragraph.
27.3 Paragraph 116 (2) (g):
Omit the paragraph, substitute:
'(g) any right of the estate of the deceased person to recover damages or compensation:
(i) for personal injury (including injury resulting in death) or wrong done to the deceased person in his or her lifetime; or
(ii) for personal injury (including injury resulting in death) or wrong done to the spouse or a member of the family of the deceased person (whether the injury or wrong was done before or after the death of the deceased person);
'(h) any damages or compensation recovered by the deceased person in his or her lifetime, or by the estate of the deceased person, in respect of an injury or wrong specified in subparagraph (g) (i) or (ii);'.
27.4 Subsection 116 (2B):
Omit '(c) or (ca),'.
27.5 Subsection 116 (2C):
Omit the subsection.
28 Section 117 (Policies of insurance against liabilities to third parties)
28.1 Paragraph 117 (1) (b):
Omit '(whether before or after he or she became a bankrupt);', substitute 'at any time;'.
29 Section 118 (Execution by creditor against property of debtor who becomes a bankrupt etc)
29.1 Paragraph 118 (1) (i) (a):
Omit 'the presentation of a petition, or after the presentation of a petition, against a', substitute 'the making of an order under Part XI, or after the making of such an order, for the administration of the estate of a deceased'.
29.2 Subparagraph 118 (1) (a) (ii):
Omit 'and'.
29.3 Paragraph 118 (1) (b):
Omit the paragraph.
29.4 Subsections 118 (1), (3) and (4):
Omit 'bankrupt' (wherever occurring), substitute 'debtor'.
29.5 Subsection 118 (3):
Omit 'bankruptcy', substitute 'administration of the estate'.
29.6 Paragraph 118 (9) (a):
Omit 'the presentation of a petition, or after the presentation of a petition, against a', substitute 'the making of an order under Part XI, or after the making of such an order, for the administration of the estate of a deceased'.
29.7 Subsection 118 (9):
Omit 'in the bankruptcy.', substitute 'of the estate.'.
29.8 Subsection 118 (10):
Omit 'debtor,' (twice occurring), substitute 'deceased person's estate'.
29.9 Paragraphs 118 (11) (a) and (b):
Omit 'who, after the sale, becomes a bankrupt;', substitute 'who dies and whose estate becomes, or of a deceased person's estate that becomes, after the sale, subject to an administration order under Part XI;'.
29.10 Subsection 118 (11):
Omit 'of the bankrupt'.
30 Section 119 (Duties of sheriff after receiving notice of presentation of petition etc)
30.1 Subsection 119 (1):
Omit 'against a debtor', substitute 'for an order for the administration of a deceased person's estate'.
30.2 Paragraphs 119 (1) (a) and (b):
Omit 'debtor' (wherever occurring), substitute 'estate'.
30.3 Subsection 119 (2):
Omit 'the reference to the Court of a debtor's petition against a debtor', substitute 'the presentation to the Court of a petition by a person administering the estate of a deceased person for an order for the administration of the estate'.
30.4 Paragraphs 119 (2) (a) and (b):
Omit 'debtor' (wherever occurring), substitute 'estate'.
30.5 Subsection 119 (3):
Omit 'a creditor's petition against a debtor has been given under subsection (1) to a sheriff or notice of the reference to the Court of a debtor's petition against a debtor has been given under subsection', substitute 'a petition has been given under subsection (1) or'.
30.6 Subsection 119 (3):
Omit 'the debtor' (wherever occurring), substitute 'the estate'.
30.7 Subsection 119 (4):
Omit 'against a debtor', substitute 'for an order for the administration of a deceased person's estate'.
30.8 Paragraphs 119 (4) (a) and (b):
Omit 'debtor' (wherever occurring), substitute 'estate'.
30.9 Subsection 119 (5):
Omit 'the reference to the Court of a debtor's petition against a debtor', substitute 'the presentation to the Court of a petition by a person administering the estate of a deceased person for an order for the administration of the estate'.
30.10 Paragraphs 119 (5) (a) and (b):
Omit 'debtor' (wherever occurring), substitute 'estate'.
30.11 Subsection 119 (6):
Omit 'against a debtor', substitute 'for an order for the administration of a deceased person's estate'.
30.12 Subsection 119 (6):
Omit 'the debtor' (wherever occurring), substitute 'the estate'.
30.13 Subsection 119 (7):
Omit 'a debtor', substitute 'a deceased person's estate'.
30.14 Subsection 119 (7):
Omit 'the debtor becomes a bankrupt', substitute 'the estate is administered under Part XI'.
31 Section 119A (Duties of sheriff after receiving notice of bankruptcy etc)
31.1 Subsection 119A (1):
Omit 'has become a bankrupt', substitute 'has died, and his or her estate has become subject to administration under Part XI,'.
31.2 Subparagraph 119A (1) (a) (i):
Omit 'bankrupt', substitute 'estate'.
31.3 Subparagraph 119A (1) (a) (ii):
Omit 'bankrupt' (first occurring), substitute 'estate'.
31.4 Subparagraph 119A (1) (a) (ii):
Omit 'bankrupt became a bankrupt,' (twice occurring), substitute 'debtor died,'.
31.5 Subparagraph 119A (1) (a) (ii):
Omit 'bankrupt' (third occurring), substitute 'debtor or estate'.
31.6 Subparagraph 119A (1) (a) (iii):
Omit 'bankrupt;', substitute 'estate;'.
31.7 Subparagraph 119A (1) (b) (i):
Omit 'the bankrupt' (first and third occurring), substitute 'the estate'.
31.8 Subparagraphs 119A (1) (b) (i) and (ii):
Omit 'bankrupt became a bankrupt,', substitute 'debtor died,'.
31.9 Subparagraph 119A (1) (b) (ii):
Omit 'to the bankrupt;', substitute 'to the estate;'.
31.10 Subsection 119A (5):
Omit the subsection.
31.11 Paragraph 119A (6) (a):
Omit 'bankrupt', substitute 'deceased person'.
31.12 Paragraph 119A (6) (b):
Omit 'bankrupt', substitute 'estate'.
31.13 Subsection 119A (7):
Omit 'a bankrupt', substitute 'the estate of a deceased person'.
32 Section 122 (Avoidance of preferences)
32.1 Subsection 122 (1):
Omit 'insolvent (the debtor)', substitute 'insolvent and who subsequently dies (the deceased debtor)'.
32.2 Subsection 122 (1):
Omit 'in the debtor's bankruptcy', substitute 'of the deceased debtor's estate being administered under Part XI'.
32.3 Paragraph 122 (1) (b):
Omit the paragraph (including the table), substitute:
'(b) was made in the period beginning 6 months before the presentation of the petition for an order for the administration of the estate and ending immediately before the date of the order.'.
32.4 Subsection 122 (1A):
Omit 'debtor', substitute 'deceased debtor before his or her death'.
32.5 Paragraphs 122 (1A) (a) and (b):
Before 'debtor', insert 'deceased'.
32.6 Paragraph 122 (1A) (b):
Before 'debtor's', insert 'deceased'.
32.7 Paragraph 122 (2) (b):
After 'debtor', insert 'or the estate of the deceased debtor'.
32.8 Subsection 122 (4A):
After 'debtor' (twice occurring), insert 'or the estate of the deceased debtor'.
33 Section 123 (Protection of certain transfers of property against relation back etc)
33.1 Subsection 123 (1):
Omit 'becomes a bankrupt:', substitute 'has died, and his or her estate has become subject to administration under Part XI:'.
33.2 Paragraphs 123 (1) (a), (b) and (c):
After 'debtor' insert 'before he or she died'.
33.3 Paragraph 123 (1) (e):
Omit 'before the day on which the debtor became a bankrupt;', substitute 'on or before the day on which the debtor died;'.
33.4 Subsection 123 (4):
Before 'debtor', insert 'deceased'.
33.5 Subsection 123 (4):
Omit 'became a bankrupt,', substitute 'died,'.
33.6 Subsection 123 (6):
Omit 'a debtor becomes', substitute 'a deceased debtor before his or her death became'.
33.7 Subsection 123 (6):
Before 'debtor' (second and third occurring), insert 'deceased'.
34 Section 124 (Protection of certain payments to bankrupt etc)
34.1 Subsection 124 (1):
Omit 'becomes, or has become, a bankrupt', substitute 'has died, and his or her estate has become subject to administration under Part XI'.
34.2 Paragraph 124 (1) (a):
After 'made', insert 'on or'.
34.3 Paragraph 124 (1) (a):
Omit 'becomes a bankrupt', substitute 'dies'.
34.4 Paragraph 124 (1) (b):
Omit 'on or'.
34.5 Paragraph 124 (1) (b):
Omit 'became a bankrupt', substitute 'died'.
35 Section 125 (Certain accounts of undischarged bankrupt)
35.1 Subsection 125 (1):
Omit 'an undischarged bankrupt', substitute 'deceased and that his or her estate is being administered under Part XI'.
36 Section 126 (Dealings with undischarged bankrupt in respect of after-acquired property)
36.1 Omit the section.
37 Section 127 (Limitation of time for making of claims by trustee etc)
37.1 After subsection 127 (1), insert:
'(1A) In the application of Part XI to this section, the reference in subsection (1) to the date on which a person became bankrupt is taken to be a reference to the date on which administration of a deceased person's estate commenced.'.
38 Section 134 (Powers exercisable at discretion of trustee)
38.1 Paragraph 134 (1) (m):
Omit 'the bankrupt: (first occurring), substitute 'the legal personal representative of a deceased person:'.
38.2 Subparagraph 134 (1) (m) (i):
Omit 'the bankrupt;', substitute 'the estate of the deceased person;'.
38.3 Subparagraph 134 (1) (m) (ii):
Omit 'bankrupt's' (twice occurring), substitute 'estate's'.
38.4 Subparagraph 134 (1) (m) (iii):
Omit 'bankrupt;', substitute 'estate'.
38.5 Paragraph 134 (1) (m):
Omit 'bankrupt's services, make such allowance to the bankrupt', substitute 'services of the legal personal representative of the deceased person, pay such remuneration to him or her'.
38.6 Paragraphs 134 (1) (n) and (o):
Omit 'the bankrupt', substitute 'the estate of the deceased person'.
38.7 After subsection 134 (1), insert:
'(1AA) In subsection (1):
legal personal representative, in relation to a deceased person, means:
(a) the executor under the deceased person's will; or
(b) the administrator under letters of administration or court order;
of the deceased person's estate, or a part of that estate.'.
38.7 Subsection 134 (1A):
Omit 'An allowance made to the bankrupt', substitute 'Remuneration paid to the legal personal representative of a deceased person'.
39 Section 134 (Powers exercisable at discretion of trustee)
39.1 Paragraphs 134 (1) (b) and (c):
Omit 'the bankrupt;', substitute 'the estate of the deceased person;'.
39.2 Paragraph 134 (1) (ma):
Omit the paragraph, substitute:
'(j) pay such remuneration out of the estate of the deceased person as he or she thinks fit to the legal personal representative of the deceased person.'.
39.3 Section 134:
Add at the end:
'(5) In this section:
legal personal representative, for a deceased person, means:
(a) the executor under the deceased person's will; or
(b) the administrator under letters of administration or court order;
of the deceased person's estate, or a part of that estate.'.
40 Section 138 (Limitation on trustee's power in respect of copyright, patents etc)
40.1 Paragraph 138 (1) (a):
Omit 'bankrupt', substitute 'estate of a deceased person'.
40.2 Paragraphs 138 (1) (b), (c) and (d):
Omit 'bankrupt', substitute 'estate'.
41 Section 139ZL (Official Receiver may require persons to make payments)
41.1 Subsection 139ZL (6):
Omit 'bankrupt', substitute 'legal personal representative of the deceased person'.
41.2 After subsection 139ZL (6), insert:
'(6A) In subsection (6):
legal personal representative, in relation to a deceased person, means:
(a) the executor under the deceased person's will; or
(b) the administrator under letters of administration or court order;
of the deceased person's estate, or a part of that estate.'.
42 Section 139ZQ (Official Receiver may require payment)
42.1 Subsection 139ZQ (5):
Omit 'bankrupt', substitute 'legal personal representative of the deceased person'.
42.2 After subsection 139ZQ (5), insert:
'(5A) In subsection (5):
legal personal representative, in relation to a deceased person, means:
(a) the executor under the deceased person's will; or
(b) the administrator under letters of administration or court order;
of the deceased person's estate, or a part of that estate.'.
43 Section 143 (Provision to be made for creditors residing at a distance etc)
43.1 Paragraph 143 (a):
Omit 'bankrupt's statement of', substitute 'statement of a deceased person's'.
44 Section 146 (Distribution of dividends where bankrupt fails to file statement of affairs)
44.1 Omit 'a bankrupt', substitute 'the legal personal representative of a deceased person'.
44.2 Omit 'his or her affairs' (twice occurring), substitute 'the deceased person's affairs'.
44.3 Omit 'bankrupt' (second occurring), substitute 'legal personal representative'.
45 Section 156A (Consent to act as trustee)
45.1 Paragraph 156A (1) (a):
Before 'debtor' (first occurring), insert 'deceased'.
45.2 Paragraphs 156A (1) (a) and (3) (a):
Omit 'debtor becomes a bankrupt;', substitute 'deceased debtor's estate is administered under Part XI;'.
45.3 Paragraph 156A (3) (a):
Omit 'estate of the bankrupt;', substitute 'estate;'.
46 Section 161B (Trustee's remuneration -- minimum entitlement)
46.1 Subsection 161B (2):
Omit the subsection.
47 Section 162 (Trustee's remuneration -- general)
47.1 Subsection 162 (3):
Omit 'bankrupt' (second occurring), substitute 'legal personal representative of the deceased person'.
47.2 After subsection 162 (3), insert:
'(3A) In subsection (3):
legal personal representative, in relation to a deceased person, means:
(a) the executor under the deceased person's will; or
(b) the administrator under letters of administration or court order;
of the deceased person's estate, or a part of that estate.'.
48 Section 170
(Trustee to give Official Receiver and
bankrupt information etc)
48.1 Subsection 170 (2):
Omit the subsection, substitute:
'(2) At the request of the legal personal representative of the deceased person, the trustee must give to the legal personal representative information reasonably required by the legal personal representative concerning the affairs of the deceased person.
'(3) In subsection (2):
legal personal representative, in relation to a deceased person, means:
(a) the executor under the deceased person's will; or
(b) the administrator under letters of administration or court order;
of the deceased person's estate, or a part of that estate.'.