Bankruptcy Amendment Act 1980
No. 12 of 1980
An Act to amend the Bankruptcy Act 1966, and for related purposes
[Assented to 8 April 1980]
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Bankruptcy Amendment Act 1980.
(2) The Bankruptcy Act 1966 is in this Act referred to as the Principal Act.
Commencement
2. (1) Sections 1 and 2, sub-section 3(1), sections 4, 5, 6, 8, 13, 14, 18, 19, 20, 23, 24, 25, 29, 30, 36, 37, 38, 39, 40, 41, 45 and 46, sub-sections 47(1) and (3), sections 48, 52, 53, 54, 56, 63, 66, 67, 68 and 71, sub-section 73(1), sections 79, 89, 91, 93, 94, 95, 97, 99, 105, 115, 117, 120, 121, 122, 123, 126, 128, 129, 131, 133, 135, 143, 149, 150, 153, 155, 156, 157, 158, 159, 160, 161, 162, 165, 166, 167, 168, 169, 170, 174 and 176 shall come into operation on the day on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act shall come into operation on such date as is fixed by Proclamation.
Interpretation
3. (1) Section 5 of the Principal Act is amended—
(a) by inserting after the definition of “bankruptcy” in sub-section (1) the following definition:
“‘books’ includes any account, deed, writing or document and any other record of information however compiled, recorded or stored, whether in writing, on microfilm, by electronic process or otherwise;”; and
(b) by omitting “or that Act as amended as in force at any time” from the definition of “the repealed Act” in sub-section (1).
(2) Section 5 of the Principal Act is amended—
(a) by inserting after the definition of “affidavit” in sub-section (1) the following definition:
“‘approved bank’ means a trading bank as defined by sub-section 5 (1) of the Banking Act 1959 or another bank approved, by instrument in writing, for the purposes of this definition by the Treasurer or a person authorized by the Treasurer in writing to give approvals for the purposes of this definition;”;
(b) by adding “and a petition presented by joint debtors against themselves in pursuance of section 57” at the end of the definition of “debtor’s petition” in sub-section (1);
(c) by omitting from sub-section (1) the definition of “Deputy Registrar” and substituting the following definition:
“‘Deputy Registrar’ means a Deputy Registrar in Bankruptcy, and includes a person acting as a Deputy Registrar;”;
(d) by inserting after the definition of “goods” in sub-section (1) the following definition:
“‘Inspector-General’ means the Inspector-General in Bankruptcy, and includes a person acting as the Inspector-General;”;
(e) by omitting from sub-section (1) the definition of “magistrate” and…