Bankruptcy Act 1929 (Cth)

 

BANKRUPTCY.

 

No. 28 of 1929.

An Act to amend the Bankruptcy Act 1924-1928, and for other purposes.

[Assented to 17th December, 1929]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Bankruptcy Act 1929.

(2.) The Bankruptcy Act 1924-1928 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Bankruptcy Act 1924-1929.

Definition.

2. Section four of the Principal Act is amended by adding at the end of the definition of “Officer” the following words “or of the Commonwealth.”.

District Registrars and Official Receivers.

3.—(1.) Section twelve of the Principal Act is amended—

(a) by omitting from sub-section (5.) the words “officers of the Court” and inserting in their stead the words “controlled by the Court” and

(b)by omitting from sub-section (7.) the words “an officer of the Court” and inserting in their stead the words “controlled by the Court”.

 

(2.) This section shall bedeemed to have commenced on the first day of August One thousand nine hundred and twenty-eight.

Bankruptcy Courts.

4.—(1.) Section eighteen of the Principal Act is amended by omitting paragraph (b)of sub-section (l.) and inserting is its stead the following paragraph:—

“(b) the following State Courts and Courts of Territories, which are hereby invested with federal jurisdiction in bankruptcy throughout the Commonwealth:—

The Supreme Court of the State of New South Wales;

The Court of Insolvency in and for the State of Victoria;

The Supreme Court of the State of Queensland;

The Court of Insolvency of the State of South Australia;

The Supreme Court of the State of Western Australia;

The Supreme Court of the State of Tasmania;

The Supreme Court of North Australia; and

The Supreme Court of Central Australia.”.

(2.) This section shall be deemed to have commenced on the first day of August One thousand nine hundred and twenty-eight.

5. Section twenty-three of the Principal Act is repealed and the following section inserted in its stead:—

Delegation of authority of Court to Registrar.

“23. The Registrar may exercise such of the powers, duties and functions of an administrative nature exercisable by the Court as the Court directs or authorizes him to exercise.”.

Jurisdiction of Registrar.

6. Section twenty-four of the Principal Act is amended—

(a) by omitting the words “shall have, inaddition to the powers which may be delegated to him by the Court under the provisions of this Act, the following powers, duties and jurisdiction of the Court,” and inserting in their stead the following words “may exercise in addition to the powers, duties and functions which the Court under the provisions of this Act may direct or authorize him to exercise, the following, powers, duties and functions,”; and

(b)by omitting sub-section (2.) and inserting in its stead the following sub-section:—

“(2.) Any order or direction made of given or act done by the Registrar in pursuance of this Act shall be as valid and effectual to all intents and purposes and may be enforced as if it were an order, direction or act of the Court, subject, nevertheless, to review on summary application to the Court.”.

Validation of certain acts done by Registrar.

7.