Acts Amendment (Bankruptcy) Act 2009 (WA)
Western Australia
Acts Amendment (Bankruptcy) Act 2009
Western Australia
Acts Amendment (Bankruptcy) Act 2009
CONTENTS
Part 1 — Preliminary
| 1. | Short title | 2 |
| 2. | Commencement | 2 |
| Part 2 — Interpretation Act 1984 |
amended
| 3. | Act amended | 3 |
| 4. | Section 5 amended | 3 |
| 5. | Section 13D inserted | 3 |
| 13D. | Meaning of “bankrupt” and related | |
|
Part 3 — Other Acts amended
6. Aboriginal Affairs Planning Authority Act 1972
|
7. Agricultural Produce Commission Act 1988
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| 8. |
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| 9. |
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| 10. |
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| 11. |
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| 12. |
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| 13. |
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| 14. |
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15. Coal Industry Tribunal of Western Australia
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| 16. |
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Acts Amendment (Bankruptcy) Act 2009
Contents
17. Commissioner for Children and Young People
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| 18. |
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19. Conservation and Land Management Act 1984
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| 20. |
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21. Construction Industry Portable Paid Long Service
|
22. Control of Vehicles (Off-road Areas) Act 1978
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23. Corruption and Crime Commission Act 2003
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24. Country High School Hostels Authority Act 1960
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| 25. |
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| 26. |
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| 27. |
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28. Curtin University of Technology Act 1966
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| 29. |
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| 30. |
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| 31. |
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| 32. |
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| 33. |
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| 34. |
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| 35. |
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| 36. |
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| 37. |
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38. Guardianship and Administration Act 1990
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| 39. |
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40. Health Services (Conciliation and Review)
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| 41. |
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| 42. |
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| 43. |
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44. Human Reproductive Technology Act 1991
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| 45. |
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| 46. |
|
Acts Amendment (Bankruptcy) Act 2009
Contents
47. Insurance Commission of Western Australia
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| 48. |
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| 49. |
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| 50. |
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| 51. |
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| 52. |
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| 53. |
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| 54. |
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| 55. |
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| 56. |
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| 57. |
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| 58. |
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59. National Environment Protection Council
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| 60. |
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| 61. |
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| 62. |
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| 63. |
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| 64. |
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| 65. |
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| 66. |
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| 67. |
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| 68. |
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| 69. |
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| 70. |
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| 71. |
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| 72. |
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| 73. |
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74. Real Estate and Business Agents Act 1978
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| 75. |
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| 76. |
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| 77. |
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| 78. |
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| 79. |
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| 80. |
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81. Small Business Development Corporation Act 1983
| |||
| 82. |
|
Acts Amendment (Bankruptcy) Act 2009
Contents
| 83. | Subiaco Redevelopment Act 1994 amended | 41 |
| 84. | Swan Valley Planning Act 1995 amended | 41 |
| 85. | Uniting Church in Australia Act 1976 amended | 41 |
| 86. | University of Western Australia Act 1911 amended | 42 |
| 87. | Veterinary Surgeons Act 1960 amended | 42 |
| 88. | Vocational Education and Training Act 1996 | |
| amended | 43 | |
| 89. | Water Boards Act 1904 amended | 43 |
| 90. | Western Australian Coastal Shipping Commission | |
| Act 1965 amended | 44 | |
| 91. | Western Australian Greyhound Racing Association | |
| Act 1981 amended | 44 | |
| 92. | Western Australian Sports Centre Trust Act 1986 | |
| amended | 45 | |
| 93. | Western Australian Tourism Commission Act 1983 | |
| amended | 45 | |
| 94. | Workers’ Compensation and Injury Management | |
| Act 1981 amended | 46 | |
| 95. | Zoological Parks Authority Act 2001 amended | 46 |
Western Australia
Acts Amendment (Bankruptcy) Act 2009
No. 18 of 2009
An Act to amend various Acts to reflect changes made to the
Bankruptcy Act 1966 (Commonwealth) and for related purposes.
[Assented to 16 September 2009]
The Parliament of Western Australia enacts as follows:
Acts Amendment (Bankruptcy) Act 2009
| Part 1 | Preliminary |
| s. 1 |
Part 1 — Preliminary
1. Short title
This is the Acts Amendment (Bankruptcy) Act 2009.
2. Commencement
This Act comes into operation as follows —
| (a) | Part 1 — on the day on which this Act receives the Royal Assent; |
| (b) | the rest of the Act — on the day after that day. |
Acts Amendment (Bankruptcy) Act 2009
| Interpretation Act 1984 amended | Part 2 |
s. 3
Part 2 — Interpretation Act 1984 amended
3. Act amended
This Part amends the Interpretation Act 1984.
4. Section 5 amended
In section 5 insert in alphabetical order:
bankrupt and bankrupt or a person whose affairs are
under insolvency laws have the meanings given in
section 13D;
5. Section 13D inserted
After section 13C insert:
| 13D. | Meaning of “bankrupt” and related expression |
| (1) | A reference in a written law to a person being a bankrupt means that the person is a bankrupt as defined in the Bankruptcy Act 1966 (Commonwealth) or has a substantially similar status under a law applicable in a place where that Act does not apply. |
| (2) | A reference in a written law to a person being a bankrupt or a person whose affairs are under insolvency laws means that — |
| (a) | the person is a bankrupt as described in subsection (1); or |
| (b) | the person is a party, as a debtor, to a debt agreement under the Bankruptcy Act 1966 (Commonwealth); or |
| (c) | the person has, as a debtor, entered into a personal insolvency agreement under Part X of the Bankruptcy Act 1966 (Commonwealth) and |
Acts Amendment (Bankruptcy) Act 2009
| Part 2 | Interpretation Act 1984 amended |
| s. 5 |
obligations created by the agreement remain to
be discharged; or
| (d) | the person has not yet entered a personal insolvency agreement under Part X of the Bankruptcy Act 1966 (Commonwealth) but has authorised a controlling trustee to perform functions under that Part, |
or that the person has a substantially similar status
under a law applicable in a place where the Bankruptcy
Act 1966 (Commonwealth) does not apply.
Acts Amendment (Bankruptcy) Act 2009
| Other Acts amended | Part 3 |
s. 6
Part 3 — Other Acts amended
6. Aboriginal Affairs Planning Authority Act 1972 amended
| (1) | This section amends the Aboriginal Affairs Planning Authority Act 1972. |
| (2) | In the First Schedule clause 2: |
| (a) | delete paragraph (b) and insert: | |
| ||
| (b) | after paragraph (a) insert: |
or
7. Agricultural Produce Commission Act 1988 amended
| (1) | This section amends the Agricultural Produce Commission Act 1988. |
| (2) | In the Schedule clause 4: |
| (a) | delete paragraph (c) and “or” after it and insert: | |
| ||
| (b) | after each of paragraphs (a) and (b) insert: |
or
Acts Amendment (Bankruptcy) Act 2009
| Part 3 | Other Acts amended |
| s. 8 |
8. Alcohol and Drug Authority Act 1974 amended
| (1) | This section amends the Alcohol and Drug Authority Act 1974. |
| (2) | In section 10: |
| (a) | delete paragraph (d) and insert: | |
| ||
| (b) | after each of paragraphs (a) to (c) and (e) and (f) insert: |
or
9. Animal Resources Authority Act 1981 amended
| (1) | This section amends the Animal Resources Authority Act 1981. |
| (2) | In the Schedule clause 2(2): |
| (a) | delete paragraph (b) and “or” after it and insert: | |
| ||
| (b) | after paragraph (a) insert: |
or
10. Anzac Day Act 1960 amended
| (1) | This section amends the Anzac Day Act 1960. |
Acts Amendment (Bankruptcy) Act 2009
| Other Acts amended | Part 3 |
| s. 11 |
| (2) | In section 13: |
| (a) | delete paragraphs (a) and (b) and insert: | ||
|
if at any time that was within the previous amended by the Acts Amendment (Bankruptcy) Act 2009 section 10 the person was ineligible under paragraph (b) of this section as in force before the amendment; or
| (b) | after paragraph (c) insert: |
or
| (3) | In section 14(2) delete “becomes bankrupt” and insert: |
would be ineligible under section 13(a) or (b) for
appointment
11. Betting Control Act 1954 amended
| (1) | This section amends the Betting Control Act 1954. |
| (2) | Delete section 11A(4)(b) and insert: |
| (b) | is, according to the Interpretation Act 1984 section 13D, a bankrupt. |
Acts Amendment (Bankruptcy) Act 2009
| Part 3 | Other Acts amended |
| s. 12 |
| (3) | Delete section 11B(3)(b) and insert: |
| (b) | is, according to the Interpretation Act 1984 section 13D, a bankrupt. |
| (4) | Delete section 11B(5)(e) and insert: |
| (e) | the person is not, according to the Interpretation Act 1984 section 13D, a bankrupt. |
| (5) | Delete section 11C(1)(b)(v) and insert: |
(v) is, according to the Interpretation Act 1984 section 13D, a bankrupt;
| (6) | In section 11C(3)(f) delete “is not an undischarged bankrupt;” and insert: |
is not, according to the Interpretation Act 1984
section 13D, a bankrupt;
12. Bills of Sale Act 1899 amended
| (1) | This section amends the Bills of Sale Act 1899. |
| (2) | In section 25(1): |
| (a) | in paragraph (b) delete “any statutory deed of assignment for the benefit of the creditors of the grantor,” and insert: |
a personal insolvency agreement,
Acts Amendment (Bankruptcy) Act 2009
| Other Acts amended | Part 3 |
| s. 13 |
| (b) | delete “such deed of assignment,” and insert: |
the personal insolvency agreement,
| (3) | In section 31: |
| (a) | delete “any statutory assignment,” and insert: |
a personal insolvency agreement,
| (b) | delete “assignment for the benefit of creditors” and insert: |
personal insolvency agreement
| (4) | In the Eleventh Schedule clause 3 delete “make any statutory |
| assignment for the benefit of his creditors.” and insert: | |
| enter into a personal insolvency agreement. |
13. Builders’ Registration Act 1939 amended
| (1) | This section amends the Builders’ Registration Act 1939. |
| (2) | In section 5B(1): |
| (a) | delete paragraph (c) and insert: | |
| ||
| (b) | after each of paragraphs (a), (b) and (d) insert: |
or
Acts Amendment (Bankruptcy) Act 2009
| Part 3 | Other Acts amended |
| s. 14 |
14. Cemeteries Act 1986 amended
| (1) | This section amends the Cemeteries Act 1986. |
| (2) | In Schedule 1 clause 2: |
| (a) | delete paragraph (b) and insert: | |
| ||
| (b) | after paragraph (a) insert: |
or
15. Coal Industry Tribunal of Western Australia Act 1992 amended
| (1) | This section amends the Coal Industry Tribunal of Western Australia Act 1992. |
| (2) | In section 9(2): |
| (a) | delete paragraph (c) and “or” after it and insert: | |
| ||
| (b) | after each of paragraphs (a) and (b) insert: |
or
16. Coal Miners’ Welfare Act 1947 amended
| (1) | This section amends the Coal Miners’ Welfare Act 1947. |
Acts Amendment (Bankruptcy) Act 2009
| Other Acts amended | Part 3 |
| s. 17 |
| (2) | In section 11: |
| (a) | delete paragraph (d) and “or” after it and insert: | |
| ||
| (b) | after each of paragraphs (a), (b) and (c) insert: |
or
| (c) | after paragraph (c)(i) insert: |
or
17. Commissioner for Children and Young People Act 2006 amended
| (1) | This section amends the Commissioner for Children and Young People Act 2006. |
| (2) | In section 8(2): |
| (a) | delete paragraph (c) and “or” after it and insert: | |
| ||
| (b) | after each of paragraphs (a) and (b) insert: |
or
18. Companies (Co-operative) Act 1943 amended
| (1) | This section amends the Companies (Co-operative) Act 1943. |
Acts Amendment (Bankruptcy) Act 2009
| Part 3 | Other Acts amended |
| s. 18 |
| (2) | In section 3 delete the definition of Bankruptcy and bankrupt and insert: |
Bankrupt has the meaning that the Interpretation
Act 1984 section 13D gives to the term “bankrupt or a
person whose affairs are under insolvency laws”.
| (3) | In section 211(5) delete “bankrupt, or compounds or arranges with his creditors,” and insert: |
| bankrupt | |
| (4) | Delete the Second Schedule Table A item 73(c) and “or” after it and insert: |
| (c) | becomes bankrupt; or |
| (5) | In the Eleventh Schedule rule 8 of the rules under the heading “Rules for Proceedings for Winding-up Companies by Order of the Court” delete “bankrupt, or assigned their estate for the benefit |
| of, or compounded with, their creditors;” and insert: | |
| bankrupt; | |
| (6) | In the Eleventh Schedule rule 7 of the rules under the heading “Rules for meetings of creditors, contributories, or shareholders of a company under liquidation.” delete “bankrupt or made an |
| assignment for the benefit of or compounded with his creditors,” and | |
| insert: | |
| bankrupt, |
Acts Amendment (Bankruptcy) Act 2009
| Other Acts amended | Part 3 |
| s. 19 |
19. Conservation and Land Management Act 1984 amended
| (1) | This section amends the Conservation and Land Management Act 1984. |
| (2) | In the Schedule clause 2: |
| (a) | delete paragraph (b) and “or” after it and insert: | |
| ||
| (b) | after paragraph (a) insert: |
or
20. Constitution Acts Amendment Act 1899 amended
| (1) | This section amends the Constitution Acts Amendment Act 1899. |
| (2) | In section 38(d) delete “assignment, composition,” and insert: |
| entering into a personal insolvency agreement |
21. Construction Industry Portable Paid Long Service Leave Act 1985 amended
| (1) | This section amends the Construction Industry Portable Paid Long Service Leave Act 1985. |
| (2) | In section 8(2): |
| (a) | delete paragraph (a) and insert: | |
|
Acts Amendment (Bankruptcy) Act 2009
| Part 3 | Other Acts amended |
| s. 22 |
| (b) | after each of paragraphs (b) to (e) insert: |
or
22. Control of Vehicles (Off-road Areas) Act 1978 amended
| (1) | This section amends the Control of Vehicles (Off-road Areas) Act 1978. |
| (2) | In section 21(15): |
| (a) | delete paragraph (d) and “or” after it and insert: | |
| ||
| (b) | after each of paragraphs (a) to (c) insert: |
or
23. Corruption and Crime Commission Act 2003 amended
| (1) | This section amends the Corruption and Crime Commission Act 2003. |
| (2) | In Schedule 2 clause 7: |
| (a) | delete paragraph (d) and “or” after it and insert: | |
| ||
| (b) | after each of paragraphs (a) to (c) insert: |
or
Acts Amendment (Bankruptcy) Act 2009
| Other Acts amended | Part 3 |
| s. 24 |
| (3) | In Schedule 3 clause 7: |
| (a) | delete paragraph (c) and “or” after it and insert: | |
| ||
| (b) | after each of paragraphs (a) and (b) insert: |
or
24. Country High School Hostels Authority Act 1960 amended
| (1) | This section amends the Country High School Hostels Authority Act 1960. |
| (2) | In section 5(5): |
| (a) | delete paragraph (a) and insert: |
|
becomes, according to the Interpretation whose affairs are under insolvency laws; or
| (b) | after each of paragraphs (b) to (e) insert: |
or
25. Credit (Administration) Act 1984 amended
| (1) | This section amends the Credit (Administration) Act 1984. |
| (2) | In section 12(2): |
| (a) | delete paragraph (c) and insert: | |
|
Acts Amendment (Bankruptcy) Act 2009
| Part 3 | Other Acts amended |
| s. 26 |
| (b) | after each of paragraphs (a), (b), (d) and (e) insert: |
or
26. The Criminal Code amended
| (1) | This section amends The Criminal Code. |
| (2) | In section 546(1) delete “deed of arrangement,” and insert: |
| personal insolvency agreement, | |
| (3) | In section 546(3) delete “deed of arrangement,” and insert: |
| personal insolvency agreement, |
27. Criminal Property Confiscation Act 2000 amended
| (1) | This section amends the Criminal Property Confiscation Act 2000. |
| (2) | In section 124(1)(d) delete “becomes bankrupt;” and insert: |
becomes, according to the Interpretation
Act 1984 section 13D, a bankrupt;
28. Curtin University of Technology Act 1966 amended
| (1) | This section amends the Curtin University of Technology Act 1966. |
Acts Amendment (Bankruptcy) Act 2009
| Other Acts amended | Part 3 |
| s. 28 |
| (2) | In section 10: |
| (a) | delete paragraph (d) and insert: | |
| ||
| (b) | after each of paragraphs (a) to (c) and (e) to (eb) insert: |
or
| (c) | after each of paragraph (g)(i) and (ii) insert: |
or
| (3) | In section 21E: |
| (a) | delete paragraph (d) and insert: | |
| ||
| (b) | after each of paragraphs (a) to (c) and (e) insert: |
or
| (4) | In Schedule 2 clause 4: |
| (a) | delete paragraph (b) and insert: | |
|
Acts Amendment (Bankruptcy) Act 2009
| Part 3 | Other Acts amended |
| s. 29 |
| (b) | after each of paragraphs (a) and (c) to (e) insert: |
or
29. Dental Act 1939 amended
| (1) | This section amends the Dental Act 1939. |
| (2) | In section 10 delete “has his affairs under liquidation or is an undischarged bankrupt or insolvent,” and insert: |
is, according to the Interpretation Act 1984
section 13D, a bankrupt or a person whose affairs are
under insolvency laws,
30. Dental Prosthetists Act 1985 amended
| (1) | This section amends the Dental Prosthetists Act 1985. |
| (2) | In section 8(2): |
| (a) | delete paragraph (a) and insert: | |
| ||
| (b) | after paragraph (b) insert: |
or
31. Director of Public Prosecutions Act 1991 amended
| (1) | This section amends the Director of Public Prosecutions Act 1991. |
Acts Amendment (Bankruptcy) Act 2009
| Other Acts amended | Part 3 |
| s. 32 |
| (2) | In Schedule 1 clause 6(1): |
| (a) | delete paragraph (b) and insert: |
|
if the Director is, according to the Interpretation affairs are under insolvency laws.
| (b) | after paragraph (a) insert: |
or
32. East Perth Redevelopment Act 1991 amended
| (1) | This section amends the East Perth Redevelopment Act 1991. |
| (2) | In Schedule 2 clause 2: |
| (a) | delete paragraph (b) and insert: | |
| ||
| (b) | after paragraph (a) insert: |
or
33. Edith Cowan University Act 1984 amended
| (1) | This section amends the Edith Cowan University Act 1984. |
| (2) | In section 11: |
| (a) | delete paragraph (d) and insert: | |
|
Acts Amendment (Bankruptcy) Act 2009
| Part 3 | Other Acts amended |
| s. 34 |
| (b) | after each of paragraphs (a) to (c) and (e) to (eb) insert: |
or
34. Electoral Act 1907 amended
| (1) | This section amends the Electoral Act 1907. |
| (2) | In section 5C(2): |
| (a) | delete paragraph (c) and “or” after it and insert: | |
| ||
| (b) | after each of paragraphs (a) and (b) insert: |
or
35. Environmental Protection Act 1986 amended
| (1) | This section amends the Environmental Protection Act 1986. |
| (2) | In Schedule 7 clause 3(2) delete paragraph (b) and insert: |
| (b) | if the Appeals Convenor is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws. |
Acts Amendment (Bankruptcy) Act 2009
| Other Acts amended | Part 3 |
| s. 36 |
36. Equal Opportunity Act 1984 amended
| (1) | This section amends the Equal Opportunity Act 1984. |
| (2) | In section 76(2): |
| (a) | delete paragraph (c) and insert: | |
| ||
| (b) | after paragraph (a) insert: |
or
37. Fisheries Adjustment Schemes Act 1987 amended
| (1) | This section amends the Fisheries Adjustment Schemes Act 1987. |
| (2) | In Schedule 1 clause 1: |
| (a) | delete paragraph (b) and insert: | |
| ||
| (b) | after paragraph (a) insert: |
or
38. Guardianship and Administration Act 1990 amended
| (1) | This section amends the Guardianship and Administration Act 1990. |
Acts Amendment (Bankruptcy) Act 2009
| Part 3 | Other Acts amended |
| s. 39 |
| (2) | In section 85(1): |
| (a) | delete paragraph (e) and “or” after it and insert: | |
| ||
| (b) | after each of paragraphs (a) to (d) insert: |
or
| (3) | In section 92(1): |
| (a) | delete paragraph (b) and “or” after it and insert: | |
| ||
| (b) | after paragraph (a) insert: |
or
39. Hairdressers Registration Act 1946 amended
| (1) | This section amends the Hairdressers Registration Act 1946. |
| (2) | In section 5(10) delete “becomes bankrupt or compounds with his creditors” and insert: |
becomes, according to the Interpretation Act 1984
section 13D, a bankrupt or a person whose affairs are
under insolvency laws
Acts Amendment (Bankruptcy) Act 2009
| Other Acts amended | Part 3 |
| s. 40 |
40. Health Services (Conciliation and Review) Act 1995 amended
| (1) | This section amends the Health Services (Conciliation and Review) Act 1995. |
| (2) | In Schedule 2 clause 5(1) delete paragraph (b) and insert: |
| (b) |
if the Director is, according to the Interpretation affairs are under insolvency laws.
41. Heritage of Western Australia Act 1990 amended
| (1) | This section amends the Heritage of Western Australia Act 1990. |
| (2) | In section 20(3) delete paragraph (a) and insert: |
| (a) | is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or |
42. Hire-Purchase Act 1959 amended
| (1) | This section amends the Hire-Purchase Act 1959. |
| (2) | In section 28(1)(h) delete “becomes bankrupt or commits an act of bankruptcy or executes a deed of assignment or a deed of arrangement” and insert: |
becomes, according to the Interpretation
Act 1984 section 13D, a bankrupt or a person
whose affairs are under insolvency laws or
commits an act of bankruptcy
Acts Amendment (Bankruptcy) Act 2009
| Part 3 | Other Acts amended |
| s. 43 |
43. Hospitals and Health Services Act 1927 amended
| (1) | This section amends the Hospitals and Health Services Act 1927. |
| (2) | In the Schedule clause 2: |
| (a) | delete paragraph (b) and insert: | |
| ||
| (b) | after paragraph (a) insert: |
or
44. Human Reproductive Technology Act 1991 amended
| (1) | This section amends the Human Reproductive Technology Act 1991. |
| (2) | In section 29(4) delete paragraph (a) and insert: |
| (a) | is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or |
| (3) | In the Schedule clause 5(1): |
| (a) | delete paragraph (b) and insert: |
|
the member is, according to the Interpretation affairs are under insolvency laws; or
Acts Amendment (Bankruptcy) Act 2009
| Other Acts amended | Part 3 |
| s. 45 |
| (b) | after paragraph (a) insert: |
or
45. Industrial Relations Act 1979 amended
| (1) | This section amends the Industrial Relations Act 1979. |
| (2) | In section 80O(5): |
| (a) | delete paragraph (c) and insert: | |
| ||
| (b) | after each of paragraphs (a) and (b) insert: |
or
46. Inspector of Custodial Services Act 2003 amended
| (1) | This section amends the Inspector of Custodial Services Act 2003. |
| (2) | In section 9(1) delete paragraph (b) and insert: |
| (b) | if the Inspector is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws. |
47. Insurance Commission of Western Australia Act 1986 amended
| (1) | This section amends the Insurance Commission of Western Australia Act 1986. |
Acts Amendment (Bankruptcy) Act 2009
| Part 3 | Other Acts amended |
| s. 48 |
| (2) | In Schedule 1 clause 2(4): |
| (a) | delete paragraph (b) and “or” after it and insert: | |
| ||
| (b) | after paragraph (a) insert: |
or
| (3) | In Schedule 2 clause 2(4): |
| (a) | delete paragraph (b) and “or” after it and insert: | |
| ||
| (b) | after paragraph (a) insert: |
or
48. Land Administration Act 1997 amended
| (1) | This section amends the Land Administration Act 1997. |
| (2) | In section 172(7)(j) delete “deed of assignment or deed of arrangement” and insert: |
| personal insolvency agreement |
49. Land Valuers Licensing Act 1978 amended
| (1) | This section amends the Land Valuers Licensing Act 1978. |
Acts Amendment (Bankruptcy) Act 2009
| Other Acts amended | Part 3 |
| s. 50 |
| (2) | In section 7(4): |
| (a) | delete paragraph (c) and insert: | |
| ||
| (b) | after each of paragraphs (a), (b), (d) and (e) insert: |
or
50. Legal Aid Commission Act 1976 amended
| (1) | This section amends the Legal Aid Commission Act 1976. |
| (2) | In section 8(5): |
| (a) | delete paragraph (a) and insert: | |
| ||
| (b) | after paragraph (b) insert: |
or
51. Liquor Control Act 1988 amended
| (1) | This section amends the Liquor Control Act 1988. |
| (2) | In section 34(2)(a): |
| (a) | delete subparagraph (i) and insert: |
(i) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a
Acts Amendment (Bankruptcy) Act 2009
| Part 3 | Other Acts amended |
| s. 52 |
person whose affairs are under
insolvency laws; or
| (b) | after each of subparagraphs (ii) and (iii) insert: |
or
52. Litter Act 1979 amended
| (1) | This section amends the Litter Act 1979. |
| (2) | Delete the First Schedule clause 1(3)(a) and insert: |
| (a) | is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or |
53. Local Government Grants Act 1978 amended
| (1) | This section amends the Local Government Grants Act 1978. |
| (2) | In section 6(2): |
| (a) | delete paragraph (d) and insert: | |
| ||
| (b) | after each of paragraphs (a) to (c) insert: |
or
Acts Amendment (Bankruptcy) Act 2009
| Other Acts amended | Part 3 |
| s. 54 |
54. Lotteries Commission Act 1990 amended
| (1) | This section amends the Lotteries Commission Act 1990. |
| (2) | In Schedule 1 clause 2: |
| (a) | delete paragraph (c) and “or” after it and insert: | |
| ||
| (b) | after each of paragraphs (a) and (b) insert: |
or
55. Magistrates Court Act 2004 amended
| (1) | This section amends the Magistrates Court Act 2004. |
| (2) | In Schedule 1 clause 14(1): |
| (a) | delete paragraph (d) and insert: | |
| ||
| (b) | after each of paragraphs (a) to (c) insert: |
or
56. Midland Redevelopment Act 1999 amended
| (1) | This section amends the Midland Redevelopment Act 1999. |
Acts Amendment (Bankruptcy) Act 2009
| Part 3 | Other Acts amended |
| s. 57 |
| (2) | In Schedule 2 clause 2: |
| (a) | delete paragraph (b) and insert: | |
| ||
| (b) | after paragraph (a) insert: |
or
57. Motor Vehicle Dealers Act 1973 amended
| (1) | This section amends the Motor Vehicle Dealers Act 1973. |
| (2) | In section 9(2): |
| (a) | delete paragraph (a) and insert: | |
| ||
| (b) | after each of paragraphs (b) and (c) insert: |
or
58. Murdoch University Act 1973 amended
| (1) | This section amends the Murdoch University Act 1973. |
| (2) | In section 15(3): |
| (a) | delete paragraph (b) and insert: | |
|
Acts Amendment (Bankruptcy) Act 2009
| Other Acts amended | Part 3 |
| s. 59 |
| (b) | after each of paragraphs (a) and (c) insert: |
or
59. National Environment Protection Council (Western Australia) Act 1996 amended
| (1) | This section amends the National Environment Protection Council (Western Australia) Act 1996. |
| (2) | In section 45(2): |
| (a) | delete paragraph (c) and insert: | |
| ||
| (b) | after each of paragraphs (a) and (b) insert: |
or
60. Occupational Safety and Health Act 1984 amended
| (1) | This section amends the Occupational Safety and Health Act 1984. |
| (2) | In section 10(b): |
| (a) | delete subparagraph (iv) and insert: |
| (iv) |
is, according to the Interpretation person whose affairs are under insolvency laws; or
| (b) | after each of subparagraphs (i) to (iii) insert: |
or
Acts Amendment (Bankruptcy) Act 2009
| Part 3 | Other Acts amended |
| s. 61 |
61. Painters’ Registration Act 1961 amended
| (1) | This section amends the Painters’ Registration Act 1961. |
| (2) | In section 7(3) delete “becomes bankrupt or compounds with his creditors” and insert: |
becomes, according to the Interpretation Act 1984
section 13D, a bankrupt or a person whose affairs are
under insolvency laws
62. Parliamentary Commissioner Act 1971 amended
| (1) | This section amends the Parliamentary Commissioner Act 1971. |
| (2) | In section 6(2): |
| (a) | delete paragraph (c) and “or” after it and insert: | |
| ||
| (b) | after each of paragraphs (a) and (b) insert: |
or
63. Partnership Act 1895 amended
| (1) | This section amends the Partnership Act 1895. |
| (2) | In section 9 delete “any arrangement or composition with his creditors,” and insert: |
a personal insolvency agreement under Part X of the
Bankruptcy Act 1966 (Commonwealth) as a debtor,
64. Perth Market Act 1926 amended
| (1) | This section amends the Perth Market Act 1926. |
Acts Amendment (Bankruptcy) Act 2009
| Other Acts amended | Part 3 |
| s. 65 |
| (2) | Delete section 7(b) and “or” after it and insert: |
| (b) |
if he is, according to the Interpretation whose affairs are under insolvency laws; or
65. Perth Theatre Trust Act 1979 amended
| (1) | This section amends the Perth Theatre Trust Act 1979. |
| (2) | In section 6(1): |
| (a) | delete paragraph (f) and “or” after it and insert: | |
| ||
| (b) | after each of paragraphs (a) to (e) insert: |
or
66. Petroleum Products Pricing Act 1983 amended
| (1) | This section amends the Petroleum Products Pricing Act 1983. |
| (2) | In section 9(2): |
| (a) | delete paragraph (a) and insert: | |
| ||
| (b) | after paragraph (b) insert: |
or
Acts Amendment (Bankruptcy) Act 2009
| Part 3 | Other Acts amended |
| s. 67 |
67. Poisons Act 1964 amended
| (1) | This section amends the Poisons Act 1964. |
| (2) | In section 11(1): |
| (a) | delete paragraph (a) and insert: | |
| ||
| (b) | after each of paragraphs (b) to (f) insert: |
or
68. Police Act 1892 amended
| (1) | This section amends the Police Act 1892. |
| (2) | Delete section 29 and insert: |
29. Forfeiture of office for financial difficulty
| A person who is a member of the Force forfeits the person’s office as a member of the Force if the person is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws. |
69. Professional Combat Sports Act 1987 amended
| (1) | This section amends the Professional Combat Sports Act 1987. |
Acts Amendment (Bankruptcy) Act 2009
| Other Acts amended | Part 3 |
| s. 70 |
| (2) | In section 5(1): |
| (a) | delete paragraph (d) and insert: | |
| ||
| (b) | after each of paragraphs (a) to (c) and (e) insert: |
or
70. Professional Standards Act 1997 amended
| (1) | This section amends the Professional Standards Act 1997. |
| (2) | In Schedule 1 clause 5(1): |
| (a) | delete paragraph (f) and insert: | |
| ||
| (b) | after each of paragraphs (a) to (e) insert: |
or
71. Public Sector Management Act 1994 amended
| (1) | This section amends the Public Sector Management Act 1994. |
| (2) | In section 18(4): |
| (a) | delete paragraph (c) and “or” after it and insert: | |
|
Acts Amendment (Bankruptcy) Act 2009
| Part 3 | Other Acts amended |
| s. 72 |
| (b) | after each of paragraphs (a) and (b) insert: |
or
72. Racing Penalties (Appeals) Act 1990 amended
| (1) | This section amends the Racing Penalties (Appeals) Act 1990. |
| (2) | In the Schedule clause 4: |
| (a) | delete paragraph (b) and “or” after it and insert: |
|
if the person is, according to the Interpretation affairs are under insolvency laws; or
| (b) | after paragraph (a) insert: |
or
| (c) | after each of paragraph (a)(i) and (ii) insert: |
or
73. Radiation Safety Act 1975 amended
| (1) | This section amends the Radiation Safety Act 1975. |
| (2) | In section 14(4): |
| (a) | delete paragraph (b) and insert: | |
|
Acts Amendment (Bankruptcy) Act 2009
| Other Acts amended | Part 3 |
| s. 74 |
| (b) | after paragraph (a) insert: |
or
74. Real Estate and Business Agents Act 1978 amended
| (1) | This section amends the Real Estate and Business Agents Act 1978. |
| (2) | In section 8(4): |
| (a) | delete paragraph (a) and insert: | |
| ||
| (b) | after each of paragraphs (b) and (c) insert: |
or
75. Retail Trading Hours Act 1987 amended
| (1) | This section amends the Retail Trading Hours Act 1987. |
| (2) | In section 19(1): |
| (a) | delete paragraph (b) and insert: | |
| ||
| (b) | after paragraph (a) insert: |
or
Acts Amendment (Bankruptcy) Act 2009
| Part 3 | Other Acts amended |
| s. 76 |
76. Road Safety Council Act 2002 amended
| (1) | This section amends the Road Safety Council Act 2002. |
| (2) | In section 9(3): |
| (a) | delete paragraph (c) and insert: | |
| ||
| (b) | after paragraph (a) insert: |
or
77. Rottnest Island Authority Act 1987 amended
| (1) | This section amends the Rottnest Island Authority Act 1987. |
| (2) | In Schedule 1 clause 2: |
| (a) | delete paragraph (b) and “or” after it and insert: | |
| ||
| (b) | after paragraph (a) insert: |
or
78. Salaries and Allowances Act 1975 amended
| (1) | This section amends the Salaries and Allowances Act 1975. |
Acts Amendment (Bankruptcy) Act 2009
| Other Acts amended | Part 3 |
| s. 79 |
| (2) | Delete section 5(4)(a) and insert: |
| (a) | is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or |
79. Securities Industry Act 1975 amended
| (1) | This section amends the Securities Industry Act 1975. |
| (2) | In section 46(1): |
| (a) | delete paragraph (a)(i) and insert: |
| (i) |
is, according to the Interpretation person whose affairs are under insolvency laws; or
| (b) | after paragraph (b)(i) insert: |
or
| (c) | after each of paragraphs (a) and (b) insert: |
or
80. Settlement Agents Act 1981 amended
| (1) | This section amends the Settlement Agents Act 1981. |
| (2) | In section 7(5): |
| (a) | delete paragraph (a) and insert: | |
|
Acts Amendment (Bankruptcy) Act 2009
| Part 3 | Other Acts amended |
| s. 81 |
| (b) | after each of paragraphs (b) and (c) insert: |
or
81. Small Business Development Corporation Act 1983 amended
| (1) | This section amends the Small Business Development Corporation Act 1983. |
| (2) | In section 5(5): |
| (a) | delete paragraph (a) and insert: | |
| ||
| (b) | after paragraph (b) insert: |
or
82. Solicitor-General Act 1969 amended
| (1) | This section amends the Solicitor-General Act 1969. |
| (2) | In section 7: |
| (a) | delete paragraph (c) and insert: | |
| ||
| (b) | after paragraph (a) insert: |
or
Acts Amendment (Bankruptcy) Act 2009
| Other Acts amended | Part 3 |
| s. 83 |
83. Subiaco Redevelopment Act 1994 amended
| (1) | This section amends the Subiaco Redevelopment Act 1994. |
| (2) | In Schedule 2 clause 2: |
| (a) | delete paragraph (b) and insert: | |
| ||
| (b) | after each of paragraphs (a) and (c) insert: |
or
84. Swan Valley Planning Act 1995 amended
| (1) | This section amends the Swan Valley Planning Act 1995. |
| (2) | In Schedule 1 clause 2(1): |
| (a) | delete paragraph (b) and “or” after it and insert: |
|
he or she is, according to the Interpretation affairs are under insolvency laws; or
| (b) | after paragraph (a) insert: |
or
85. Uniting Church in Australia Act 1976 amended
| (1) | This section amends the Uniting Church in Australia Act 1976. |
Acts Amendment (Bankruptcy) Act 2009
| Part 3 | Other Acts amended |
| s. 86 |
| (2) | In section 15: |
| (a) | delete paragraph (c) and insert: | |
| ||
| (b) | after each of paragraphs (a), (b), (d) and (e) insert: |
or
86. University of Western Australia Act 1911 amended
| (1) | This section amends the University of Western Australia Act 1911. |
| (2) | In section 11: |
| (a) | delete paragraphs (b) and (c), and “or” after each of them, and insert: | |
| ||
| (b) | after each of paragraphs (ca) and (cb) insert: |
or
87. Veterinary Surgeons Act 1960 amended
| (1) | This section amends the Veterinary Surgeons Act 1960. |
Acts Amendment (Bankruptcy) Act 2009
| Other Acts amended | Part 3 |
| s. 88 |
| (2) | In section 10: |
| (a) | delete paragraph (a) and insert: | |
| ||
| (b) | after each of paragraphs (b) to (e) insert: |
or
88. Vocational Education and Training Act 1996 amended
| (1) | This section amends the Vocational Education and Training Act 1996. |
| (2) | In Schedule 1 clause 1(1): |
| (a) | delete paragraph (c) and insert: |
|
the member is, according to the Interpretation affairs are under insolvency laws; or
| (b) | after each of paragraphs (a) and (b) insert: |
or
89. Water Boards Act 1904 amended
| (1) | This section amends the Water Boards Act 1904. |
Acts Amendment (Bankruptcy) Act 2009
| Part 3 | Other Acts amended |
| s. 90 |
| (2) | In section 10(2) delete “having his affairs under liquidation by arrangement with his creditors, or being an uncertified or undischarged bankrupt,” and insert: |
who is, according to the Interpretation Act 1984
section 13D, a bankrupt or a person whose affairs are
under insolvency laws,
90. Western Australian Coastal Shipping Commission Act 1965 amended
| (1) | This section amends the Western Australian Coastal Shipping Commission Act 1965. |
| (2) | In section 11(1): |
| (a) | delete paragraph (a) and insert: | |
| ||
| (b) | after paragraph (b) insert: |
or
91. Western Australian Greyhound Racing Association Act 1981 amended
| (1) | This section amends the Western Australian Greyhound Racing Association Act 1981. |
| (2) | In Schedule 1 clause 1(4): |
| (a) | delete paragraph (c) and insert: | |
|
Acts Amendment (Bankruptcy) Act 2009
| Other Acts amended | Part 3 |
| s. 92 |
| (b) | after each of paragraphs (a), (b) and (d) insert: |
or
92. Western Australian Sports Centre Trust Act 1986 amended
| (1) | This section amends the Western Australian Sports Centre Trust Act 1986. |
| (2) | In Schedule 1 clause 1 delete “is an undischarged bankrupt or a |
| person whose property is subject to an order or arrangement under the laws relating to bankruptcy.” and insert: |
is, according to the Interpretation Act 1984 section 13D, a
bankrupt or a person whose affairs are under insolvency
laws.
| (3) | In Schedule 1 clause 4: |
| (a) | delete paragraph (b) and insert: | |
| ||
| (b) | after each of paragraphs (a), (c) and (d) insert: |
or
93. Western Australian Tourism Commission Act 1983 amended
| (1) | This section amends the Western Australian Tourism Commission Act 1983. |
Acts Amendment (Bankruptcy) Act 2009
| Part 3 | Other Acts amended |
| s. 94 |
| (2) | In section 5(5): |
| (a) | delete paragraph (a) and insert: | |
| ||
| (b) | after paragraph (b) insert: |
or
94. Workers’ Compensation and Injury Management Act 1981 amended
| (1) | This section amends the Workers’ Compensation and Injury Management Act 1981. |
| (2) | In section 96(5): |
| (a) | delete paragraph (a) and insert: | |
| ||
| (b) | after paragraph (b) insert: |
or
95. Zoological Parks Authority Act 2001 amended
| (1) | This section amends the Zoological Parks Authority Act 2001. |
Acts Amendment (Bankruptcy) Act 2009
| Other Acts amended | Part 3 |
| s. 95 |
| (2) | In Schedule 2 clause 2(1): |
| (a) | delete paragraph (b) and “or” after it and insert: | |
| ||
| (b) | after paragraph (a) insert: |
or
| (3) | In Schedule 3 clause 8(1): |
| (a) | delete paragraph (b) and insert: | |
| ||
| (b) | after paragraph (a) insert: |
or
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