Bankruptcy Amendment Act 1980 (Cth)
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BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
(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(b) by omitting “or that Act as amended as in force at any time” from the definition of “the repealed Act” in sub-section (1).
(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 substituting the following definitions:
“‘magistrate’ means—
(a) a person who holds office as a Magistrate of a State, being a person in respect of whom an arrangement under sub-section 17b (1) applies;
(b) a person who holds office as a Magistrate of the Northern Territory, being a person in respect of whom an arrangement under sub-section 17b(2) applies; or
(c) a person who holds office as a Magistrate of a Territory of the Commonwealth (other than the Northern Territory);
“‘maintenance agreement’ means a maintenance agreement, within the meaning of the
Family Law Act 1975, that has been registered in or approved by a court in Australia or an external Territory or any other agreement with respect to the maintenance of a person that has been so registered or approved;“‘maintenance order’ means an order with respect to the maintenance of a person made or registered under a law of the Commonwealth or of a State or Territory of the Commonwealth;”;
(f) by omitting from sub-section (1) the definition of “Official Receiver” and substituting the following definitions:
“‘Official Receiver’ includes a person acting as an Official Receiver;
“‘Official Trustee’ means the Official Trustee in Bankruptcy;”;
(g) by omitting from sub-section (1) the definition of “Registrar” and substituting the following definition:
“‘Registrar’ means a Registrar in Bankruptcy, and includes a person acting as a Registrar;”;
(h) by inserting in the definition of “the date of the bankruptcy” in sub-section (1) “, 56 or 57, as the case requires” after “section 55”;
(j) by omitting from sub-section (1) the definition of “the Inspector-General”; and
(k) by omitting sub-section (4) and substituting the following sub-section:
“(4) Unless the contrary intention appears, a reference in this Act to the trustee of the estate of a bankrupt, or to the trustee of a deed of assignment or deed of arrangement executed, or of a composition accepted, under Part X, shall—
(a) in relation to an estate or a deed or composition in respect of which there are 2 or more joint trustees—be read as a reference to all the trustees; or
(b) in relation to an estate or a deed or composition in respect of which there are 2 or more joint and several trustees—be read as a reference to all of the trustees or any one or more of the trustees.”.
(a) by omitting from sub-section (1) “infants,”; and
(b) by inserting after sub-section (1) the following sub-section:
“(1a) This Act applies to debtors whether or not they have attained the age of 18 years.”.
“8. This Act binds the Crown in right of the Commonwealth, of each of the States and of the Northern Territory.”.
(a) by omitting sub-section (1) and substituting the following sub-section:
“(1) The Inspector-General—
(a) shall make such inquiries and investigations as the Minister directs;
(b) may make such other inquiries and investigations as he thinks fit with respect to the conduct of a trustee in relation to a bankruptcy, an administration under Part XI or a deed of assignment, deed of arrangement, scheme of arrangement or composition; and
(c) shall from time to time obtain from Registrars, Official Receivers and other officers reports as to the operation of this Act.”;
(b) by omitting from paragraph (a) of sub-section (2) “or accounts”; and
(c) by omitting from paragraph (c) of sub-section (2) “and vouchers”.
(a) by omitting paragraph (b) of sub-section (1) and substituting the following paragraph:
“(b) such number of Deputy Registrars in Bankruptcy as is determined by the Governor-General by Proclamation.”; and
(b) by inserting after sub-section (2) the following sub-section:
“(2a) A power or function conferred or imposed on a Registrar by this Act, when exercised or performed by a Deputy Registrar, shall, for all purposes, be deemed to have been exercised or performed by the Registrar.”.
“14a. (1) The Registrar for each District shall have a stamp.
“(2) The design of the stamp shall be as determined by the Minister by writing under his hand.
“(3) The stamp may be affixed on documents issued by the Registrar under this Act or the rules and on other documents as provided by the rules.
“(4) All courts (whether exercising federal jurisdiction or not), and all persons acting judicially, shall take judicial notice of the mark of the stamp
affixed on a document and shall, in the absence of proof to the contrary, presume that it was duly affixed.”.
“(4) The Inspector-General may, by writing under his hand, direct an officer to exercise or perform, for such period as is specified in the direction or until the direction is terminated, all of the powers, functions or duties of an Official Receiver under this Act or such of those powers, functions or duties as are specified in the direction.
“(5) A power, function or duty of an Official Receiver under this Act, when exercised or performed by an officer in accordance with a direction given by the Inspector-General under sub-section (4), shall, for the purposes of this Act, be deemed to have been exercised or performed, as the case requires, by an Official Receiver.”.
“17. (1) The Minister may appoint a person to act as Inspector-General or Official Receiver—
(a) during a vacancy in the office of Inspector-General or Official Receiver, as the case may be; or
(b) during any period, or during all periods, when the Inspector-General or Official Receiver, as the case may be, is absent from duty or from Australia or is, for any other reason, unable to perform the functions of his office,
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
“(2) An appointment of a person under sub-section (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.
“(3) The Minister may terminate such an appointment at any time.
“(4) Where a person is acting as Inspector-General or Official Receiver in accordance with paragraph (1) (b) and the office of Inspector-General or Official Receiver, as the case may be, becomes vacant while that person is so acting, then, subject to sub-section (2), that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.
“(5) The appointment of a person to act as Inspector-General or Official Receiver ceases to have effect if he resigns his appointment by writing signed by him and delivered to the Minister.
“(6) While a person is acting as Inspector-General or Official Receiver, he has and may exercise all the powers, and shall perform all the functions and duties, of the Inspector-General or Official Receiver as the case may be, under this Act or any other law of the Commonwealth.
“(7) The validity of anything done by a person purporting to act under sub-section (1) shall not be called in question on the ground that the occasion for his appointment had not arisen, that there is a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.
“17a. (1) The Minister may appoint a person to act as Registrar or Deputy Registrar—
(a) during a vacancy in the office of Registrar or Deputy Registrar, as the case may be; or
(b) during any period, or during all periods, when the Registrar or Deputy Registrar, as the case may be, is absent from duty or from Australia or is, for any other reason, unable to perform the functions of his office,
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
“(2) An appointment of a person under sub-section (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.
“(3) The Minister may terminate such an appointment at any time.
“(4) Where a person is acting as Registrar or Deputy Registrar in accordance with paragraph (1) (b) and the office of Registrar or Deputy Registrar, as the case may be, becomes vacant while that person in so acting, then, subject to sub-section (2), that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.
“(5) The appointment of a person to act as Registrar or Deputy Registrar ceases to have effect if he resigns his appointment by writing signed by him and delivered to the Minister.
“(6) While a person is acting as Registrar or Deputy Registrar, he has and may exercise all the powers, and shall perform all the functions, of the Registrar or Deputy Registrar, as the case may be, under this Act or any other law of the Commonwealth.
“(7) The validity of anything done by a person purporting to act under sub-section (1) shall not be called in question on the ground that the occasion for his appointment had not arisen, that there is a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.
“17b. (1) The Governor-General may arrange with the Governor of a State for the performance of the functions of a magistrate under this Act by all or any of the persons who from time to time hold office as Magistrates of the State.
“(2) The Governor-General may arrange with the Administrator of the Northern Territory for the performance of the functions of a magistrate under this Act by all or any of the persons who from time to time hold office as Magistrates of the Territory.
“18. (1) The body corporate that
existed immediately before the commencement of this section by virtue of
section 18 of the
“(2) The body corporate continued in existence by force of sub-section (1)—
(a) has perpetual succession;
(b) may acquire, hold and dispose of real and personal property; and
(c) may sue and be sued in its corporate name.
“(3) The Official Receivers together continue to constitute the body corporate continued in existence by force of sub-section (1).
“(4) The Official Trustee shall have such seals as the Minister directs by writing under his hand.
“(5) The designs of the seals of the Official Trustee shall be as determined by the Minister by writing under his hand.
“(6) A seal of the Official Trustee may be affixed on any document by, or with the authority of, any Official Receiver.
“(7) All courts (whether exercising federal jurisdiction or not), and all persons acting judicially, shall take judicial notice of the mark of such a seal affixed on a document and shall, in the absence of proof to the contrary, presume that it was duly affixed.
“(8) All acts and things done in the name of, or on behalf of, the Official Trustee by, or with the authority of, any Official Receiver shall be deemed to have been done by the Official Trustee.
“(9) Where, under a provision of
this Act or of the
“(10) Where the Official Trustee is one of the trustees of a deed of assignment, deed of arrangement, composition or scheme of arrangement, a power the exercise of which, or a function the performance of which, is dependent upon the opinion, belief or state of mind of those trustees in relation to a matter may be exercised or performed by those trustees as if the opinion, belief or state of mind in relation to that matter of an Official Receiver or another person who with the authority of an Official Receiver, acts in the name of, or on behalf of, the Official Trustee in the exercise of the power or the performance of the function were the opinion, belief or state of mind in relation to the matter of the Official Trustee.
“(11) A reference in a law of the Commonwealth to the Official Receiver of the estate of a bankrupt shall, in relation to the vesting, holding or disposal of property, be read as including a reference to the Official Trustee.
“(12) A reference in a law of the Commonwealth to The Official Receiver in Bankruptcy shall be read as including a reference to the Official Trustee.
“18a. (1) The Official Trustee is subject to the same personal liability in respect of an act done, or omitted to be done, by it as—
(a) the trustee of the estate of a bankrupt;
(b) the trustee of the estate of a deceased debtor;
(c) the trustee of a composition or scheme of arrangement accepted under Division 6 of Part IV;
(d) the controlling trustee in relation to a debtor whose property is subject to control under Division 2 of Part X;
(e) the trustee of a deed of assignment or deed of arrangement executed, or a composition accepted, under Part X; or
(f) the trustee of—
(i) a composition or scheme of arrangement accepted and approved under Division 5 of Part IV of the repealed Act;
(ii) a composition or scheme of arrangement accepted, or a deed of assignment executed, under Part XI of the repealed Act; or
(iii) a deed of arrangement executed under Part XII of the repealed Act,
as an individual would be subject if the individual had done, or omitted to do, that act as such a trustee.
“(2) The Commonwealth is by force of this sub-section liable to indemnify the Official Trustee against any personal liability, including any personal liability as to costs, incurred by it—
(a) by reason of sub-section (1); or
(b) for any act done, or omitted to be done, by it in carrying out, or purporting to carry out, a direction given, or an order made, by the Court under section 50.
“(3) Nothing in sub-section (2) affects any right that the Official Trustee has, apart from that sub-section, to be reimbursed in respect of any personal liability referred to in that sub-section or any other indemnity given to the Official Trustee in respect of any such liability.
“(4) Where the Commonwealth makes a payment in accordance with the indemnity referred to in sub-section (2), the Commonwealth has the same right to reimbursement in respect of the payment (including reimbursement under another indemnity given to the Official Trustee) as the Official Trustee would have if the Official Trustee had made the payment.”.
“19a. (1) The Commonwealth shall indemnify a person to whom this section applies against any liability incurred by him—
(a) for any act done negligently, or negligently omitted to be done, by him in the course of the performance of his duties under this Act or under the
Bankruptcy Act 1924-1965 in its continued application by virtue of this Act; and(b) for any act done by him in good faith in the purported performance of his duties under this Act or under the
Bankruptcy Act 1924-1965 in its continued application by virtue of this Act.
“(2) The Commonwealth has the same
liability for acts of, or omissions by, a person to whom this section applies
in the course of the performance or purported performance of his duties under
this Act or the
“(3) A reference in this section to a person to whom this section applies shall be read as a reference to the Inspector-General, a Registrar, a Deputy Registrar, an Official Receiver, an officer performing any of the functions or duties, or exercising any of the powers, of an Official Receiver or an officer or other person assisting a Registrar, a Deputy Registrar or an Official Receiver in the performance of his functions or duties or the exercise of his powers.
“19b. All Registrars, Deputy Registrars, Official Receivers, officers and other persons having functions, powers or duties under this Act shall, within the limits of their respective functions, powers and duties under this Act, severally act in aid of and be auxiliary to each other in all matters of bankruptcy.”.
(a) by omitting “The Registrars and Official Receivers” and substituting “Subject to this Act, the Registrars, the Official Trustee and the Official Receivers”;
(b) by omitting “from time to time directs” and substituting “directs by writing under his hand”; and
(c) by adding at the end thereof the following sub-sections:
“(2) The Registrars, the Official Trustee and the Official Receivers shall open and maintain such bank accounts with an approved bank or approved banks as the Inspector-General directs by writing under his hand.
“(3) The Registrars, the Official Trustee and the Official Receivers shall comply with any directions given by the Inspector-General, by writing under his hand, with respect to the banking of moneys in bank accounts maintained in pursuance of sub-section (2).”.
“20a. In this Division, unless the contrary intention appears—
‘Common Fund’ means the Common Investment Fund established in pursuance of section 20b;
‘Equalization Account’ means the Common Investment Fund Equalization Account established by section 20g;
‘Investment Board’ means the Investment Board established by section 20c.
“20b. (1) The Official Trustee shall open and maintain an account to be known as the Common Investment Fund.
“(2) All moneys (other than moneys to which sub-section (8) applies) received by the Official Trustee after the commencement of this section shall be paid into the Common Fund.
“(3) All moneys (other than moneys to which sub-section (8) applies) held by the Official Trustee at the commencement of this section, including moneys that, at that time, are held on deposit with a bank under sub-section 172 (1), and all investments made under that sub-section and held by the Official Trustee at that time, shall form part of the Common Fund.
“(4) The Official Trustee shall open and maintain, with an approved bank or approved banks, such accounts for the purposes of the Common Fund as the Inspector-General directs by writing under his hand.
“(5) In giving directions to the Official Trustee under sub-section (4), and in varying or revoking any directions so given, the Inspector-General shall ensure that the Official Trustee at all times maintains one account referred to in that sub-section for each District.
“(6) The payment of moneys into an account referred to in sub-section (4) shall be deemed to be the payment of those moneys into the Common Fund.
“(7) Any payment that the Official
Trustee is authorized, required or permitted, by or under a provision of this
Act or of the
“(8) This sub-section applies to moneys held or received by the Official Trustee—
(a) under a direction given, or order made, under section 50;
(b) as the trustee of a composition or scheme of arrangement accepted under Division 6 of Part IV;
(c) as the controlling trustee in relation to a debtor whose property is subject to control under Division 2 of Part X;
(d) as the trustee of a deed of assignment or deed of arrangement executed, or a composition accepted, under Part X; or
(e) as trustee of—
(i) a composition or scheme of arrangement accepted and approved under Division 5 of Part IV of the repealed Act;
(ii) a composition or scheme of arrangement accepted, or a deed of assignment executed, under Part XI of the repealed Act; or
(iii) a deed of arrangement executed under Part XII of the repealed Act.
“20c. (1) There shall be an Investment Board, consisting of—
(a) the Permanent Head of the Department of State that deals with matters arising under this Division; and
(b) the Inspector-General.
“(2) The person for the time being holding, or performing the duties of, an office specified in sub-section (1) may, by writing under his hand, appoint a person to be his deputy.
“(3) Where at any time the person for the time being holding, or performing the duties of, an office specified in sub-section (1) is absent from duty or from Australia or is, for any other reason, unable to act as a member of the Investment Board, the deputy of that person may act as a member of the Investment Board on his behalf and shall, while so acting, be deemed to be a member of the Investment Board in place of that person.
“20d. (1) The moneys in the Common Fund not immediately required for the purposes of this Act may be invested by the Official Trustee—
(a) in public securities;
(b) in a loan the repayment of which is guaranteed by the Commonwealth, a State or a Territory;
(c) in a loan to a municipal corporation or other local governing body in Australia; or
(d) in a loan to, or on deposit with, an approved bank.
“(2) The Investment Board may, from time to time, give directions to the Official Trustee with respect to the investment of moneys in the Common Fund, and the Official Trustee shall comply with those directions.
“(3) The Investment Board may vary or revoke directions given by it to the Official Trustee under sub-section (2).
“(4) In giving directions to the Official Trustee under sub-section (2), and in varying or revoking directions so given, the Investment Board—
(a) shall endeavour to ensure that the moneys in the Common Fund lodged in accounts at call with a bank or banks are, as far as practicable, at all times sufficient to meet the payments that under this Act are to be made out of moneys in the Common Fund; and
(b) will ensure that moneys in the Common Fund that, in the opinion of the Investment Board, are not required to be kept in accounts at call with a bank or banks in accordance with paragraph (a) are, as far as practicable, invested by the Official Trustee in accordance with sub-section (1).
“(5) The Investment Board shall, from time to time, consult with the Official Receivers concerning the amount of moneys in the Common Fund that should be retained in accounts at call with a bank or banks.
“(6) Interest derived from the investment of moneys in the Common Fund is not subject to taxation under a law of the Commonwealth, a State or a Territory of the Commonwealth.
“(7) The Common Fund is not subject to taxation under a law of the Commonwealth, or to taxation under a law of a State or Territory of the Commonwealth to which the Commonwealth is not subject, and the Official Trustee is not otherwise subject to taxation under such a law in respect of anything done in the exercise of powers conferred on it by sub-section (1).
“(8) In this section, ‘public securities’ means—
(a) bonds, debentures, stock and other securities issued under an Act;
(b) bonds, debentures, stock and other securities issued by—
(i) a State;
(ii) a Territory;
(iii) a municipal corporation or other local governing body; or
(iv) a public authority constituted by or under a law of a State or Territory of the Commonwealth;
(c) securities issued in respect of a loan to a company the principal business of which is the supply and distribution, by a system of reticulation, in Australia or in a Territory of the Commonwealth, of water, gas or electricity; and
(d) other securities specified in the regulations as public securities for the purposes of this section,
but does not include—
(e) securities referred to in paragraph (a) or (b) that are issued in respect of a loan raised outside Australia and the Territories of the Commonwealth unless the securities are public securities for the purposes of the
Income Tax Assessment Act 1936; or(f) securities issued after 12 April 1976 by a bank as defined by sub-section 5 (1) of the
Banking Act 1959.
“20e. (1) Where the Investment Board is of the opinion—
(a) that moneys in the Common Fund deposited in accounts at call with a bank or banks are likely to be insufficient to meet payments that under this Act are to be made out of moneys in the Common Fund; and
(b) that it would be undesirable to convert into money investments made under section 20d for the purpose of enabling those payments to be so made,
the Investment Board may, by instrument in writing, authorize the Official Trustee to borrow from the Commonwealth under this section moneys not exceeding such amount as is specified in the instrument.
“(2) The Minister for Finance may, on behalf of the Commonwealth, lend to the Official Trustee, on such terms and conditions as he determines, moneys that the Official Trustee is authorized under sub-section (1) to borrow.
“(3) Moneys borrowed by the Official Trustee from the Commonwealth under this section shall be paid into the Common Fund.
“(4) Interest is not payable on moneys lent to the Official Trustee by the Commonwealth under this section.
“(5) Moneys lent to the Official Trustee by the Commonwealth under this section shall be paid out of moneys available under an appropriation made by the Parliament.
“20f. (1) No moneys in the Common Fund shall be held, or be deemed for any purpose to be held, on account of any particular estate.
“(2) Investments made from moneys in the Common Fund shall not be made, and shall not be deemed for any purpose to be made, on account of any particular estate.
“(3) Any capital appreciation or depreciation in the value of investments made from moneys in the Common Fund shall not increase or decrease the amount payable under this Act in respect of any estate.
“(4) The making of a capital profit or capital loss on the realization of investments made from moneys in the Common Fund shall not increase or decrease the amount payable under this Act in respect of any estate.
“(5) Interest derived from the investment of moneys in the Common Fund shall not increase the amount payable under this Act in respect of any estate.
“(6) The Official Trustee shall cause accounts to be kept showing the amount in the Common Fund from time to time standing to the credit of each estate in respect of which moneys have been paid into the Common Fund.
“(7) Moneys received or held by the Official Trustee as trustee of any estate do not cease to be moneys in hand for the purposes of this Act by reason only that those moneys have been paid into or become part of the Common Fund.
“(8) In this section, ‘estate’ means the estate of a bankrupt or of a deceased debtor.
“20g. (1) There shall be an account to be known as the Common Investment Fund Equalization Account.
“(2) The Equalization Account is a Trust
Account for the purposes of section 62a
of the
“20h. (1) Interest derived from the investment of moneys in the Common Fund shall be paid into the Equalization Account.
“(2) An amount equal to the amount of any capital profit made upon the realization of an investment made from moneys in the Common Fund shall be paid out of the Common Fund into the Equalization Account.
“(3) An amount equal to—
(a) the amount of any capital loss incurred upon the realization of an investment made from moneys in the Common Fund; or
(b) each amount of interest that forms part of the estate of a bankrupt by virtue of sub-section 20j(2) or (3) or that is payable to a person by virtue of sub-section 20j(4),
is payable out of the Equalization Account into the Common Fund.
“(4) The Investment Board shall, at such intervals as the Minister directs by writing under his hand, determine the amount (if any) by which the amount standing to the credit of the Equalization Account exceeds the amount that should, in the opinion of the Investment Board, be retained in that Account for the purpose of making payments into the Common Fund in accordance with sub-section (3), and an amount equal to the excess is thereupon payable out of that Account into the Consolidated Revenue Fund.
“(5) Where, at any time, an amount required by sub-section (3) to be paid out of the Equalization Account exceeds the amount standing to the credit of that Account, an amount equal to the excess is payable into that Account out of moneys available under an appropriation made by the Parliament.
“20j. (1) Where the Official Trustee is the trustee of the estate of a bankrupt or of a deceased debtor, the estate is not entitled, except as provided by sub-sections (2) and (3), to interest on moneys held by the Official Trustee as the trustee of the estate.
“(2) Where moneys have been held, or are likely to be held, for a prescribed reason, or for one prescribed reason and then for another prescribed reason, by the Official Trustee as the trustee of the estate of a bankrupt or of a deceased debtor for not less than one year longer than those moneys would have been held, or would be likely to be held, by the Official Trustee but for that reason or those reasons, the Registrar may direct, by writing under his hand, that interest on those moneys, at the rate prescribed for the purposes of this section and in respect of such period as he determines, shall form part of that estate.
“(3) Where, on or after the date of commencement of this section (in the sub-section referred to as the ‘commencing date’), the Official Trustee receives an amount by way of interest on moneys, or on investments, that form part of the Common Fund by virtue of sub-section 20b(3)—
(a) if the interest accrued in respect of a period that ended before the commencing date—the amount of the interest forms part of the estate in respect of which those moneys or investments were held immediately before the commencing date; or
(b) if the interest accrued in respect of a period that commenced before, but ended on or after, the commencing date—an amount that bears to the amount of that interest the same proportion as the number of days in the part of the period in respect of which the interest accrued that occurred before the commencing date bears to the number of days in that period forms part of the estate in respect of which those moneys or investments were held immediately before the commencing date.
“(4) Where it is established that moneys held by the Official Trustee as the trustee of the estate of a bankrupt or of a deceased debtor do not form part of the estate, interest on those moneys is payable to the person to whom those moneys are payable, out of the Common Fund, at the rate prescribed for the purposes of this section and in respect of the period during which those moneys are held by the Official Trustee.
“(5) For the purposes of sub-section (2), moneys shall be taken to have been held, or to be likely to be held, by the Official Trustee for a prescribed reason if the moneys have been held, or are likely to be held, as the case may be, by the Official Trustee—
(a) by reason of the institution or defending of legal proceedings in good faith;
(b) by reason that a person has, or has had, under consideration, in good faith, the institution or defending of legal proceedings; or
(c) for any other reason declared by the regulations to be a prescribed reason for the purposes of this section.”.
“(2) In all matters of bankruptcy, the Court—
(a) shall act in aid of and be auxiliary to the courts of the external Territories, and of prescribed countries, that have jurisdiction in bankruptcy; and
(b) may act in aid of and be auxiliary to the courts of other countries that have jurisdiction in bankruptcy.
“(3) Where a letter of request from a court of an external Territory, or of a country other than Australia, requesting aid in a matter of bankruptcy is filed in the Court, the Court may exercise such powers with respect to the matter as it could exercise if the matter had arisen within its own jurisdiction.
“(4) The Court may request a court of an external Territory, or of a country other than Australia, that has jurisdiction in bankruptcy to act in aid of and be auxiliary to it in any matter of bankruptcy.
“(5) In this section, ‘prescribed country’ means—
(a) the United Kingdom, Canada and New Zealand;
(b) a country prescribed for the purposes of this sub-section; and
(c) a colony, overseas territory or protectorate of a country specified in paragraph (a) or of a country so prescribed.”.
(a) by inserting after paragraph (b) of sub-section (1) the following paragraph:
“(ba) applications for leave to enter or withdraw an objection to the discharge of a bankrupt from bankruptcy by force of section 149, for an order in respect of the period at the expiration of which such an objection will lapse or for an order that a bankrupt shall not be discharged from bankruptcy by force of section 149;”;
(b) by inserting after paragraph (d) of sub-section (1) the following paragraph:
“(da) applications for an order of annulment of a composition or scheme of arrangement under Division 6 of Part IV;”;
(c) by inserting in paragraph (e) of sub-section (1) “charge, charging order,” after “avoid a”;
(d) by omitting paragraph (h) of sub-section (1) and substituting the following paragraph:
“(h) applications to expunge a proof of debt, to reduce the amount of the admitted debt in respect of a proof of debt or to review a decision of the trustee in respect of a proof of debt, in cases where the amount involved in the proof exceeds $500 or such amount as is prescribed for the purposes of this paragraph;”;
(e) by omitting sub-paragraphs (i) and (ii) of paragraph (j) of sub-section (1) and substituting the following sub-paragraphs:
“(i) for an order under sub-section 222 (2) declaring a deed of assignment, a deed of arrangement or a composition, or a provision of such a deed, to be void or otherwise;
(ii) for an order under sub-section 222 (4) declaring a deed of assignment, a deed of arrangement or a composition, or a provision of such a deed or of a composition, to be void;”;
(f) by omitting from sub-paragraph (iv) of paragraph (j) of sub-section (1) “and”; and
(g) by inserting after paragraph (j) of sub-section (1) the following paragraph:
“(ja) applications for an order of annulment of the administration of the estate of a deceased person under Part XI; and”.
(a) by inserting in paragraph (c) of sub-section (1) “, or any time fixed by the Court or the Registrar under this Act (other than the time fixed for compliance with the requirements of a bankruptcy notice),” after “Act” (second occurring); and
(b) by inserting in paragraph (c) of sub-section (2) “, or any time fixed by the Registrar under this Act (other than the time fixed for compliance with the requirements of a bankruptcy notice),” after “Act” (second occurring).
“35. (1) Proceedings under this Act in a court having jurisdiction under this Act or any application in such proceedings may, upon the application of the Official Trustee or of any other person interested, be transferred by that court to another court having jurisdiction under this Act.
“(2) Where proceedings are so transferred or any application is so transferred—
(a) all documents in respect of the proceedings or the application, as the case may be, filed with a Registrar shall, if it is appropriate having regard to the court to which the proceedings are, or the application is, transferred for another Registrar to have the custody of those documents, be transmitted by that Registrar to that other Registrar; and
(b) the court to which the proceedings are, or the application is, transferred shall proceed—
(i) in the case where proceedings are transferred—as if the same proceedings had been taken in that court as were taken in the court by which they are transferred; and
(ii) in the case where an application in any proceedings is transferred—as if the same proceedings had been taken in that court as were taken in the court by which the application is transferred and the application had been made in that court.”.
(a) by omitting “The” and substituting “Subject to sub-sections (2) and (3), the”; and
(b) by adding at the end thereof the following sub-sections:
“(2) The Court shall not, after a sequestration order has been signed and sealed as provided by the rules, rescind or suspend the operation of the order.
“(3) The Court shall not, after an order for the administration of the estate of a deceased person under Part XI has been signed and sealed as provided by the rules, rescind or suspend the operation of the order.”.
(a) by omitting “and” from paragraph (c) of sub-section (3); and
(b) by adding at the end of sub-section (3) the following word and paragraph:
“; and (e) a judgment or order for the payment of money made by the Court in the exercise of jurisdiction conferred on it by this Act shall be deemed to be a judgment or order the execution of which has not been stayed notwithstanding that it may not be enforceable at law by execution.”.
(a) by omitting “or” (last occurring) from paragraph (a) of sub-section (3);
(b) by adding at the end of sub-section (3) the following word and paragraph:
“; or (c) in respect of a judgment or order for the payment of money made by the Court in the exercise of the jurisdiction conferred on it by this Act if—
(i) a period of more than 6 years has elapsed since the judgment was given or the order was made; or
(ii) the operation of the judgment or order is suspended under section 37.”; and
(c) by inserting after sub-section (6) the following sub-sections:
“(6a.) Where, before the expiration of the time fixed by the Court or the Registrar for compliance with the requirements of a bankruptcy notice—
(a) proceedings to set aside the judgment or order in respect of which the bankruptcy notice was issued have been instituted by the debtor; or
(b) an application to set aside the bankruptcy notice has been filed with the Registrar,
the Court may, subject to sub-section (6c), extend the time for compliance with the bankruptcy notice.
“(6b) Where, before the expiration of the time fixed by the Registrar for compliance with the requirements of a bankruptcy notice—
(a) proceedings to set aside the judgment or order in respect of which the bankruptcy notice was issued have been instituted by the debtor; or
(b) an application to set aside the bankruptcy notice has been filed with the Registrar,
the Registrar may, subject to sub-section (6c), extend the time for compliance with the bankruptcy notice.
“(6c) Where—
(a) a debtor applies to the Court or the Registrar for an extension of the time for complying with a bankruptcy notice on the ground that proceedings to set aside the judgment or order in respect of which the bankruptcy notice was issued have been instituted by the debtor; and
(b) the Court or the Registrar, as the case may be, is of the opinion that the proceedings to set aside the judgment or order—
(i) have not been instituted
bona fide; or(ii) are not being prosecuted with due diligence,
the Court or the Registrar, as the case may be, shall not extend the time for compliance with the bankruptcy notice.”.
“(c) his bankruptcy is annulled under section 74 or 154.”.
(a) by omitting “an Official Receiver” and substituting “the Official Trustee”; and
(b) by adding at the end thereof the following sub-sections:
“(2) Without limiting the generality of sub-section (1), the Court may, at any time after giving a direction under sub-section (1), summon—
(a) the debtor or the spouse of the debtor; or
(b) any person who is known or suspected to have in his possession any of the property of the debtor, or is supposed to be indebted to the debtor or to be able to give information concerning the debtor or his trade dealings, property or affairs,
to attend, on a date and at a time and place fixed in the summons, before the Court or the Registrar or, if the Court thinks fit, before a magistrate, to give evidence concerning, and produce any books in his custody or power relating to, the debtor or his trade dealings, property or affairs, and, where the Court issues such a summons, the provisions of section 81 apply, subject to such modifications and adaptations (if any) as are prescribed by the rules, for the purpose of such an examination of the person so summoned under this section as if the debtor were a bankrupt and the examination were an examination under section 81.
“(3) In this section, ‘modification’ includes the addition or omission of a provision or the substitution of a provision for another provision.”.
“(4) A creditor’s petition lapses at the expiration of—
(a) subject to paragraph (b), the period of 12 months commencing on the date of presentation of the petition; or
(b) if the Court makes an order under sub-section (5) in relation to the petition—the period fixed by the order,
unless, before the expiration of whichever of those periods is applicable, a sequestration order is made on the petition or the petition is dismissed or withdrawn.
“(5) The Court may, at any time before the expiration of the period of 12 months commencing on the date of presentation of a creditor’s petition, if it considers it just and equitable to do so, upon such terms and conditions as it thinks fit, order that the period at the expiration of which the petition will lapse be such period, being a period exceeding 12 months and not exceeding 24 months, commencing on the date of presentation of the petition as is specified in the order.”.
“(2) Where the Court makes an order under sub-section (1), section 110 applies in the administration under this Act of all of the estates to which the order relates.
“(3) Where the Court makes an order under sub-section (1) in relation to the estates of 2 or more bankrupts, the Court may, in the order—
(a) declare a specified date to be, for the purpose of the application of the provisions of Division 3 of Part VI in the administration of the joint estate, the date on which all the petitions relevant to the administration of those estates shall be deemed to have been presented;
(b) declare a specified date to be, for that purpose, the date of the bankruptcy in respect of each of those estates; and
(c) declare a specified time to be, for that purpose, the time that is the commencement of the bankruptcy in respect of all those estates,
and, if the Court does so, those estates shall be administered accordingly.”.
(a) by inserting in sub-section (1) “, within 14 days from the day on which he is notified of the bankruptcy” after “shall”;
(b) by inserting in paragraph (a) in sub-section (1) “for the District in which the sequestration order was made” after “the Registrar”;
(c) by omitting sub-section (2) and substituting the following sub-section:
“(2) Where a sequestration order is made against 2 or more joint debtors (whether partners or not), each of those persons shall (in addition to complying with sub-section (1) in relation to his affairs), within 14 days from the day on which he is notified of the bankruptcy, and either on his own account or jointly with another or others of those debtors—
(a) make out and file in the office of the Registrar for the District in which the sequestration order was made a statement of the joint affairs of those persons in accordance with the prescribed form and verified by affidavit; and
(b) furnish a copy of the statement to the Official Receiver for the District in which the sequestration order was made.”;
(d) by omitting from sub-section (3) “of his affairs in accordance with this section” and substituting “of affairs as required by sub-section (1) or (2)”; and
(e) by omitting sub-section (4) and substituting the following sub-section:
“(4) A person who states in writing that he is a creditor of a bankrupt against whom a sequestration order has been made, or a creditor of 2 or more bankrupts against whom the one sequestration order has been made, may without fee, and any other person may on payment of the prescribed fee, inspect, personally or by an agent, the statement of affairs filed by the bankrupt or the statements of affairs filed by the bankrupts, as the case may be, and may make copies of, or take extracts from, the statement or statements.”.
(a) by omitting from sub-section (1) “verified by affidavit” and substituting “, verified by affidavit, and a copy of that statement”;
(b) by omitting sub-sections (3) and (4) and substituting the following sub-sections:
“(3) Where it appears to the Registrar that a petition presented to him under this section is in accordance with the prescribed form and that the statement of affairs accompanying the petition is also in accordance with the prescribed form or the Court directs, under sub-section (4), the Registrar to accept the petition—
(a) the petition shall be accepted by the Registrar, who shall endorse it accordingly; and
(b) thereupon, by force of this sub-section, the debtor becomes a bankrupt by virtue of the presentation of the petition.
“(4) Where it appears to the Registrar that a petition presented to him under this section, or the statement of affairs accompanying such a petition, is not in accordance with the prescribed form, the Registrar shall not accept the petition unless the Court, upon reference by the Registrar, directs him to accept it.”;
(c) by adding at the end of sub-section (5) “and forward to the Official Receiver the copy of the statement of affairs that accompanied the petition presented by the bankrupt”;
(d) by inserting in paragraph (c) of sub-section (6) “has been declared void,” after “composition”;
(e) by adding at the end of paragraph (c) of sub-section (8) “under section 74 or 154”; and
(f) by adding at the end thereof the following sub-section:
“(9) A person who states in writing that he is a creditor of a bankrupt who has become a bankrupt by force of this section may without fee, and any other person may on payment of the prescribed fee, inspect, personally or by an agent, the statement of affairs that accompanied the petition presented by the bankrupt, and may make copies of, or take extracts from, the statement.”.
“56. (1) A debtor’s petition against a partnership may be presented to the Registrar by all the members of the partnership or by a majority of the members of the partnership who are resident in Australia at the time of the presentation of the petition.
“(2) A petition under this section shall be accompanied by—
(a) a statement of affairs of each member of the partnership by whom the petition is presented, verified by affidavit;
(b) a statement of the partnership affairs, verified by affidavit; and
(c) a copy of each of those statements.
“(3) A petition under this section, and a statement of affairs referred to in sub-section (2), shall each be in accordance with the prescribed form.
“(4) Subject to sub-section (6), where—
(a) it appears to the Registrar that a petition presented to him under this section is in accordance with the prescribed form and that each of the statements of affairs accompanying the petition is also in accordance with the prescribed form; or
(b) the Court directs, under sub-section (5), the Registrar to accept the petition,
the petition shall be accepted by the Registrar, who shall endorse it accordingly, and thereupon, by force of this section—
(c) except in a case to which paragraph (d) applies—each of the members of the partnership becomes a bankrupt by virtue of the presentation of the petition; or
(d) in a case where the petition is accepted by the Registrar in pursuance of an order of the Court under paragraph (7)(b)—the petitioning partner, or each of the petitioning partners, who gave his consent for the purposes of that paragraph becomes a bankrupt by virtue of the presentation of the petition.
“(5) Where it appears to the Registrar that a petition presented to him under this section, or any statement of affairs accompanying such a petition, is not in accordance with the prescribed form, the Registrar shall not accept the petition unless the Court, upon reference by the Registrar, directs him to accept it.
“(6) Where a petition is presented under this section against a partnership by some, but not all, of the members of the partnership, the Registrar—
(a) shall not accept the petition, but shall refer it to the Court; and
(b) shall cause notice in accordance with the rules to be given to each of the partners who did not join in presenting the petition.
“(7) Upon a reference of a petition under sub-section (6), the Court—
(a) may direct the Registrar to accept the petition;
(b) may, with the consent of any one or more of the petitioning partners, direct the Registrar—
(i) to amend the petition by deleting from the petition the name of the partner, or of each partner, as the case requires, who did not give his consent for the purpose of this paragraph; and
(ii) to accept, under sub-section (4), the petition as so amended; or
(c) may direct the Registrar not to accept the petition.
“(8) The Court shall not make an order under sub-section (5) or (7) of this section in relation to a petition in relation to which sub-section 253d(1) applies unless the relevant authority referred to in that last-mentioned sub-section has had an opportunity of being heard.
“(9) Where members of a partnership become bankrupts by force of this section, the Registrar shall forthwith give notice of the bankruptcies to the Official Receiver and furnish to the Official Receiver the copy of each statement of affairs that accompanied the petition presented by members of the partnership.
“(10) A member of a partnership who has executed a deed of assignment or deed of arrangement under Part X or whose creditors have accepted a composition under that Part is not, except with the leave of the Court, entitled to join in presenting a petition against the partnership under this section unless—
(a) the deed of assignment has been declared void or the final dividend has been paid under it;
(b) the deed of arrangement has been declared void or has been terminated; or
(c) the composition has been declared void, has been set aside or terminated or the final payment has been made under it,
as the case requires.
“(11) A member of a partnership in relation to whom a stay under a proclaimed law applies is not, except with the leave of the Court, entitled to join in presenting a petition against the partnership.
“(12) Where a petition is presented against a partnership in contravention of sub-section (10) or (11), the presentation of the petition does not have any effect.
“(13) Where a debtor’s petition against a partnership is accepted by the Registrar in pursuance of an order of the Court under paragraph (7)(a), each partner resident in Australia, not being a partner who joined in presenting the petition, shall, within 14 days from the day on which he is notified of the bankruptcy—
(a) make out and file in the office of that Registrar a statement of his affairs and furnish a copy of that statement of affairs to the Official Receiver; and
(b) either on his own account or jointly with another or others of the non-petitioning partners—
(i) make out and file in the office of that Registrar a statement of the partnership affairs; and
(ii) furnish a copy of that statement of affairs to the Official Receiver.
“(14) A statement of affairs referred to in sub-section (13) shall be in accordance with the prescribed form and verified by affidavit.
“(15) If a member of a partnership required by sub-section (13) to make out and file a statement of his affairs and a statement of the partnership affairs fails to file those statements, or either of those statements, as required by this section, he is guilty of contempt of court.
“(16) A person who becomes a bankrupt by force of this section continues to be a bankrupt until—
(a) he is discharged by force of section 149;
(b) he is discharged by order of the Court; or
(c) his bankruptcy is annulled under section 74 or 154.
“(17) A person who states in writing that he is a creditor of a bankrupt who has become a bankrupt by virtue of the presentation of a debtor’s petition against the members of a partnership, or a creditor of a partnership some or all of the members of which have become bankrupt by force of this section, may without fee, and any other person may on payment of the prescribed fee, inspect, personally or by an agent, any statement of affairs that accompanied, or has been filed in relation to, the petition presented by members of the partnership, and may make copies of, or take extracts from, any such statement of affairs.
“57. (1) Where joint debtors are not in partnership with one another, the debtors, or any 2 or more of the debtors, may present to the Registrar a petition jointly against themselves.
“(2) A petition under this section shall be accompanied by—
(a) a statement of affairs of each of the petitioning debtors, verified by affidavit;
(b) a statement of their joint affairs, verified by affidavit; and
(c) a copy of each of those statements.
“(3) A petition under this section, and a statement of affairs referred to in sub-section (2), shall each be in accordance with the prescribed form.
“(4) Where it appears to the Registrar that a petition presented to him under this section is in accordance with the prescribed form, and that each of the statements of affairs accompanying the petition is also in accordance with the prescribed form, or the Court directs, under sub-section (5), the Registrar to accept the petition—
(a) the petition shall be accepted by the Registrar, who shall endorse it accordingly; and
(b) thereupon, by force of this section, each of the petitioning debtors becomes a bankrupt by virtue of the presentation of the petition.
“(5) Where it appears to the Registrar that a petition presented to him under this section, or any statement of affairs accompanying such a petition, is not in accordance with the prescribed form, the Registrar shall not accept the petition unless the Court, upon reference by the Registrar, directs him to accept it.
“(6) Where joint debtors become bankrupts by force of this section, the Registrar shall forthwith give notice of the bankruptcies to the Official Receiver and furnish to the Official Receiver the copy of each statement of affairs that accompanied the petition presented by the debtors.
“(7) A debtor who has executed a deed of assignment or a deed of arrangement under Part X or whose creditors have accepted a composition under that Part is not, except with the leave of the Court, entitled to join in presenting a petition under this section unless—
(a) the deed of assignment has been declared void or the final dividend has been paid under it;
(b) the deed of arrangement has been declared void or has been terminated; or
(c) the composition has been declared void, has been set aside or terminated or the final payment has been made under it,
as the case requires.
“(8) A debtor in relation to whom a stay under a proclaimed law applies is not, except with the leave of the Court, entitled to join in presenting a petition under this section.
“(9) Where a petition is presented in contravention of sub-section (7) or (8), the presentation of the petition does not have any effect.
“(10) A person who becomes a bankrupt by force of this section continues to be a bankrupt until—
(a) he is discharged by force of section 149;
(b) he is discharged by order of the Court; or
(c) his bankruptcy is annulled under section 74 or 154.
“(11) A person who states in writing that he is a creditor of a bankrupt who has become a bankrupt by virtue of the presentation of a debtor’s petition against joint debtors, or a creditor of joint debtors some or all of whom have become bankrupts by force of this section, may without fee, and any other person may on payment of the prescribed fee, inspect, personally or by an agent, any statement of affairs that accompanied the petition presented by the joint debtors, and may make copies of, or take extracts from, any such statement of affairs.
“57a. Where, after the commencement of this section, a person becomes a bankrupt by virtue of the presentation of a debtor’s petition, the person shall, for the purposes of this Act, be deemed to become a bankrupt at the first instant of the day on which the petition is accepted by the Registrar.”.
(a) by omitting from paragraph (a) of sub-section (1) “The Official Receiver in Bankruptcy” and substituting “the Official Trustee”;
(b) by omitting paragraph (b) of sub-section (1) and substituting the following paragraph:
“(b) after-acquired property of the bankrupt vests, as soon as it is acquired by, or devolves on, the bankrupt, in the Official Trustee or, if a registered trustee is the trustee of the estate of the bankrupt, in that registered trustee.”;
(c) by omitting from sub-section (2) “The Official Receiver in Bankruptcy or the trustee” (first occurring) and substituting “the trustee of the estate of a bankrupt”;
(d) by omitting from sub-section (2) “The Official Receiver in Bankruptcy or the trustee, as the case may be,” and substituting “the trustee”;
(e) by inserting after sub-section (5) the following sub-section:
“(5a) Nothing in this section shall be taken to prevent a creditor from enforcing any remedy against a bankrupt, or against any property of a bankrupt that is not vested in the trustee of the bankrupt, in respect of any liability of the bankrupt under a maintenance agreement or maintenance order (whether entered into or made, as the case may be, before or after the commencement of this sub-section)”; and
(f) by inserting in sub-section (6) “on or” after “the bankrupt” (first occurring).
“59. (1) Where a person who is a bankrupt again becomes a bankrupt—
(a) the property of the bankrupt—
(i) that was acquired by, or devolved on, the bankrupt on or after the date of the earlier bankruptcy; and
(ii) that had not been distributed amongst the creditors in the earlier bankruptcy before the date on which the person became a bankrupt on the later occasion,
shall (subject to any disposition of that property made by the trustee in the earlier bankruptcy without knowledge of the presentation of the petition on, or by virtue of the presentation of which, the person became bankrupt on the later occasion and subject also to section 126) vest forthwith in the trustee in the later bankruptcy;
(b) property—
(i) that is acquired by, or devolves on, the bankrupt on or after the date of the later bankruptcy; and
(ii) that is divisible amongst the creditors in the later bankruptcy,
vests in the trustee in the later bankruptcy as soon as it is acquired by, or devolves on, the bankrupt;
(c) the trustee in the earlier bankruptcy—
(i) shall be deemed to be a creditor in the later bankruptcy in respect of any unsatisfied balance of his expenses in the earlier bankruptcy, the liabilities incurred by him in administering the estate in the earlier bankruptcy and the debts proved in the earlier bankruptcy (whether or not those debts are entitled to priority, or are postponed, in the earlier bankruptcy);
(ii) shall rank equally with the ordinary unsecured creditors in the later bankruptcy; and
(iii) may, where he has lodged a proof of debt in the later bankruptcy, amend that proof of debt, without the consent of the trustee in the later bankruptcy, for the purpose of adding—
(a) his expenses in the earlier bankruptcy that have accrued after the proof of debt was lodged;
(b) liabilities incurred by him in administering the estate in the earlier bankruptcy after the proof of debt was lodged; or
(c) debts proved in the earlier bankruptcy after the proof of debt was lodged,
or, with the consent of the trustee in the later bankruptcy, for any other purpose;
(d) a charge or charging order that, by virtue of sub-section 118(9), is void as against the trustee in the earlier bankruptcy continues to be void as against that trustee;
(e) a transaction that, by virtue of section 120, 121 or 122, is void as against the trustee in the earlier bankruptcy continues to be void as against that trustee; and
(f) sub-section 131(2) ceases to apply in relation to the trustee in the earlier bankruptcy and any order in force under that sub-section immediately before the date of the later bankruptcy has, by force of this paragraph, effect on and after that date as if the income of the bankrupt payable under the order were payable to the trustee in the later bankruptcy for the benefit of the bankrupt’s creditors in the later bankruptcy.
“(2) Where the trustee of the estate of a bankrupt receives notice of the presentation of a creditor’s petition against the bankrupt, the trustee shall hold the after-acquired property of the bankrupt that is then in the possession of the trustee, or the proceeds thereof, until the petition has been dealt with by the Court or has lapsed.
“(3) Where the trustee of the estate of a bankrupt receives notice that a debtor’s petition against the bankrupt has been referred to the Court, the trustee shall hold the after-acquired property of the bankrupt that is then in the possession of the trustee, or the proceeds thereof, until the Court has dealt with the petition.
“(4) Where the trustee of the estate of a bankrupt is holding after-acquired property of the bankrupt, or the proceeds of any such property, in pursuance of sub-section (2) or (3) and the bankrupt again becomes a bankrupt, the trustee shall—
(a) in a case where the trustee is also the trustee in the later bankruptcy—hold all such property, and the proceeds of such property, as the trustee in the later bankruptcy; or
(b) in any other case—deliver all such property, and pay the proceeds of such property, to the trustee in the later bankruptcy.
“(5) Where a law of the Commonwealth or of a State or Territory of the Commonwealth requires the transmission of property to be registered, and enables the trustee of the estate of a bankrupt to be registered as the owner of any such property that is part of the property of the bankrupt, that property, notwithstanding that it vests in equity in the trustee by virtue of sub-section (1), does not vest in the trustee at law until the requirements of that law have been complied with.
“(6) In sub-sections (2), (3) and (4), ‘after-acquired property’, in relation to a bankrupt, means such of the property that was acquired by, or devolved on, the bankrupt on or after the date of the bankruptcy, being property divisible amongst the creditors of the bankrupt, as has not been distributed amongst the creditors in the bankruptcy.”.
(a) “The Official Receiver in Bankruptcy or the trustee” (wherever occurring) were omitted from paragraph (a) of sub-section (1) and “the Official Trustee or a registered trustee” were substituted;
(b) “The Official Receiver in. Bankruptcy or the trustee” were omitted from paragraph (b) of sub-section (1) and “the trustee of the estate of the bankrupt” were substituted; and
(c) “The Official Receiver in Bankruptcy or the trustee” were omitted from sub-section (2) and “the trustee of the estate of the bankrupt” were substituted.
“(1) The Court may, at any time after the presentation of a petition, upon such terms and conditions as it thinks fit—
(a) discharge an order made, whether before or after the commencement of this sub-section, against the person or property of the debtor under any law relating to the imprisonment of fraudulent debtors and, in a case where the debtor is imprisoned or otherwise held in custody under such a law, discharge the debtor out of custody; or
(b) stay any legal process, whether civil or criminal and whether instituted before or after the commencement of this sub-section, against the person or property of the debtor—
(i) in respect of the non-payment of a provable debt or of a pecuniary penalty payable in consequence of the non-payment of a provable debt; or
(ii) in consequence of his refusal or failure to comply with an order of a court, whether made in civil or criminal proceedings, for the payment of a provable debt,
and, in a case where the debtor is imprisoned or otherwise held in custody in consequence of the non-payment of a provable debt or of a pecuniary penalty referred to in sub-paragraph (i) or in consequence of his refusal or failure to comply with an order referred to in sub-paragraph (ii), discharge the debtor out of custody.”.
“64. (1) The Official Receiver shall cause a meeting of the creditors of a bankrupt to be held, for the purposes of considering and deciding upon any matters relating to the bankruptcy, within the prescribed period if—
(a) a creditor requests him to do so; or
(b) he is of the opinion that it is desirable that he should do so.
“(2) For the purposes of sub-section (1), the ‘prescribed period’, in relation to a bankrupt, means—
(a) subject to paragraph (b), the period of 28 days from the date of the bankruptcy; or
(b) if the Registrar, on the application of the Official Receiver, extends the period within which the first meeting of creditors may be held—the extended period fixed by the Registrar.”.
“69. (1) Subject to this section, a bankrupt shall be examined on oath as to his conduct, trade dealings, property and affairs.
“(2) The examination of a bankrupt under this section shall be commenced as soon as it conveniently can be after the filing of the bankrupt’s statement of affairs or, where the bankrupt became a bankrupt on a creditor’s petition and the Registrar thinks fit, before the filing of the statement of affairs.
“(3) The Registrar shall, on the application of the Official Receiver, fix a date, time and place for the commencement of the examination of a bankrupt under this section and shall summon the bankrupt to attend on the date, and at the time and place, so fixed.
“(4) Subject to sub-section (5), the examination of a bankrupt under this section shall be held in public before the Registrar or, if the Registrar so directs by instrument in writing, before a magistrate.
“(5) The Registrar or a magistrate may—
(a) at any time adjourn the examination of the bankrupt either to a fixed date or generally;
(b) at any time adjourn the examination of the bankrupt for further hearing before the Court; or
(c) conclude the examination of the bankrupt.
“(6) Where the examination is adjourned by the Registrar or a magistrate for further hearing before the Court, the Registrar or the magistrate, as the case may be, may submit to the Court such report with respect to the examination as he thinks fit.
“(7) Where the examination is adjourned for further hearing before the Court, the Court may—
(a) continue the examination;
(b) at any time direct that the examination be continued before the Registrar or a magistrate; or
(c) make such other order as it thinks proper in the circumstances.
“(8) A bankrupt is entitled to be represented, on his examination under this section, by counsel or a solicitor, who may re-examine him after his examination.
“(9) The trustee or a creditor of the bankrupt may take part in the examination and, for that purpose, may be represented by counsel or a solicitor or by an agent authorized in writing for the purpose.
“(10) Without limiting the generality of sub-section (9), where the Official Trustee is the trustee, the Official Trustee may, for the purpose of taking part in the examination, be represented by the Official Receiver.
“(11) The Court, the Registrar or the magistrate may put to the bankrupt, or allow to be put to the bankrupt, such questions as the Court, the Registrar or the magistrate, as the case may be, thinks proper.
“(12) The bankrupt shall answer all questions that the Court, the Registrar or the magistrate puts or allows to be put to him and, unless the Court, the Registrar or the magistrate, as the case may be, otherwise directs, is not excused from answering any such question by reason only of the fact that the answer to it may tend to incriminate him.
Provision | Amendment |
Section 95................................................ | Omit “two”, substitute “2”. |
Sub-section 99(2).................................... |
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Sub-section 102(1).................................. | Omit “fourteen”, substitute “14”. |
Sub-section 103(2).................................. |
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Sub-section 104 3).................................. | Omit “twenty-one”, substitute “21”. |
Paragraph 109(1)(f)................................ | Omit “Six hundred dollars”, substitute “$600”. |
Paragraph 109(1)(g)................................ |
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Paragraph 109(1)(j)................................. |
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Sub-section 109(2).................................. |
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Sub-section 109(3).................................. |
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Sub-section 109(4).................................. |
(b) Omit “twenty-eight”, substitute “28”. |
Sub-section 109(5).................................. |
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Sub-section 109(7).................................. |
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Sub-section 109(8).................................. |
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Section 111.............................................. |
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Sub-section 112(2).................................. |
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Sub-section 115(1).................................. | Omit “six”, substitute “6”. |
Paragraph 115(2)(a)................................ | Omit “six”, substitute “6”. |
Sub-section 116(2).................................. |
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Paragraph 116(2)(c)................................ | Omit “Five hundred dollars”, substitute “$500”. |
Sub-section 117(2).................................. |
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Sub-paragraph 118(1)(a)(i)..................... | Omit “six”, substitute “6”. |
Sub-section 118(2).................................. |
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Sub-section 118(3).................................. |
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Sub-section 118(4).................................. |
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Paragraph 119(4)(a)................................ |
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Sub-section 119(5).................................. |
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Sub-section 120(2).................................. |
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Paragraph 120(5) (a)............................... | Omit “two”, substitute “2”. |
Paragraph 120(5)(c)................................ | Omit “three”, substitute “3”. |
Sub-section 120(6).................................. |
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Sub-section 122(1).................................. |
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Paragraph 122(1)(a)................................ | Omit “six”, substitute “6”. |
Sub-section 122(3).................................. |
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Paragraph 122(4)(b)................................ |
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Sub-section 122(7).................................. | Omit “—1944, or of that Act as amended”. |
Sub-section 123(2).................................. |
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Paragraph 123(5)(a)................................ | Omit “—1940, or of that Act as amended,”. |
Provision | Amendment |
Paragraph 123(5)(b)................................ |
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Sub-section 124(2).................................. |
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Sub-section 125(1).................................. |
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Sub-section 125(2).................................. | Omit “one”, substitute “1”. |
Sub-section 126(2).................................. |
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Section 127.............................................. | Omit “twenty”, substitute “20”. |
Sub-section 128(1).................................. |
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Sub-section 128(2).................................. | Omit “three”, substitute “3”. |
Sub-section 128(3).................................. |
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Sub-section 128(4).................................. | Omit “three”, substitute “3”. |
Sub-section 129(4).................................. | (a) Omit “money”, substitute “moneys”.
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Sub-section 129(5).................................. | (a) Omit “money”, substitute “moneys”.
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Sub-section 129(6).................................. | Omit “money”, substitute “moneys”. |
Sub-section 131(3).................................. |
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Sub-section 132(4).................................. |
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Paragraph 133(4)(a)................................ | Omit “twenty-eight”, substitute “28”. |
Paragraph 133(4)(b)................................ | Omit “twenty-eight”, substitute “28”. |
Paragraph 133(6)(b)................................ | Omit “twenty-eight”, substitute “28”. |
Sub-section 133(10)................................ |
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Sub-section 134(2).................................. |
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Sub-section 135(2).................................. |
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Sub-section 136(1).................................. | Omit “six” (wherever occurring), substitute “6”. |
Sub-section 136(2).................................. |
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Sub-section 137(2).................................. |
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Sub-section 140(3).................................. | Omit “Five”, substitute “5”. |
Sub-section 140(4).................................. |
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Sub-section 140(5).................................. |
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Sub-section 140(6).................................. | Omit “Fifty”, substitute “50”. |
Sub-section 149(1).................................. |
(b) Omit “five”, substitute “5”. |
Sub-section 149(2).................................. |
(b) Omit “three”, substitute “3”. (c) Omit “five”, substitute “5”. |
Sub-section 149(4).................................. |
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Paragraph 149(5)(a)................................ |
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Paragraph 149(5)(c)................................ |
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Sub-section 149(5).................................. |
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Sub-paragraph 150(3)(a)(ii).................... |
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Provision | Amendment |
Sub-section 150(5).................................. |
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Sub-section 150(6).................................. |
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Paragraph 150(6)(a)................................ | Omit “five”, substitute “5”. |
Paragraph 150(6)(b)................................ | Omit “One hundred dollars”, substitute “$100”. |
Paragraph 150(6)(f)................................ | Omit “six”, substitute “6”. |
Paragraph 150(6)(g)................................ | Omit “six”, substitute “6”. |
Sub-section 150(7).................................. |
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Sub-section 150(8).................................. | Omit “of this section” (last occurring). |
Sub-section 152(2).................................. |
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Sub-section 154(2).................................. | (a) Omit “by” (second occurring).
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Sub-section 154(5).................................. |
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Sub-section 155(6).................................. | Omit “Twenty dollars”, substitute “$20”. |
Sub-section 155(7).................................. |
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Section 156.............................................. |
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Sub-section 157(3) and (5)..................... | Omit “ten”, substitute “10”. |
Sub-section 157(7).................................. |
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Sub-section 158(1).................................. | Omit “two”, substitute “2”. |
Sub-section 159(3).................................. |
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Sub-section 159(4).................................. |
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Sub-section 161(2).................................. |
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Sub-section 164(1).................................. | Omit “two”, substitute “2”. |
Sub-section 164(2).................................. | Omit “two”, substitute “2”. |
Sub-section 165(2).................................. |
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Sub-section 167(1).................................. |
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Sub-section 167(2).................................. |
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Paragraph 167(2)(a)................................ | Omit “One hundred dollars”, substitute “$100”. |
Sub-section 167(6).................................. | Omit “twenty-eight”, substitute “28”. |
Sub-section 167(7).................................. | Omit “twenty-eight”, substitute “28”. |
Section 168.............................................. | Omit “Five hundred dollars”, substitute “$500”. |
Sub-section 169(2).................................. |
(b) Omit “five”, substitute “5”. |
Paragraph 169(2)(a)................................ | Omit “twenty per centum”, substitute “20%”. |
Sub-section 171(2).................................. |
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Sub-section 175(3).................................. |
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Section 181.............................................. | Omit “seven”, substitute “7”. |
Sub-section 182(3).................................. |
(b) Omit “six”, substitute “6”. |
Paragraph 184(1)(c)................................ |
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Sub-section 184(1).................................. | Omit “seven”, substitute “7”. |
Sub-section 184(3).................................. |
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Sub-section 189(1).................................. |
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Sub-section 189(2).................................. | Omit “twelve”, substitute “12”. |
Sub-section 189(3).................................. |
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Provision | Amendment |
Sub-section 190(3).................................. |
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Section 191.............................................. |
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Sub-section 192(2).................................. | Omit “of this Act”. |
Paragraph 194(1)(a)................................ | (a) Omit “twenty-eight”, substitute “28”. (b) Omit “thirty-five”, substitute “35”. |
Paragraph 194(1)(b)................................ |
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Sub-section 194(3).................................. | Omit “seven”, substitute “7”. |
Sub-section 194(4).................................. |
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Sub-section 198(5).................................. |
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Section 201.............................................. | Omit “fourteen”, substitute “14”. |
Sub-section 202(1).................................. | Omit “two”, substitute “2”. |
Sub-section 202(2).................................. | Omit “thirty”, substitute “30”. |
Sub-section 202(3).................................. | (a) Omit “seven”, substitute “7”. (b) Omit “fourteen”, substitute “14”. |
Sub-section 202(4).................................. | Omit “(2) of section 194”, substitute “194(2)”. |
Sub-section 202(5).................................. |
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Sub-section 203(1).................................. | Omit “fourteen”, substitute “14”. |
Sub-section 203(2).................................. |
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Sub-section 203(3).................................. |
(b) Omit “fourteen”, substitute “14”. |
Paragraph 204(1)(d)................................ | Omit “seven”, substitute “7”. |
Sub-section 204(5).................................. |
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Paragraph 204(5)(a)................................ | Omit “two”, substitute “2”. |
Sub-section 204(6).................................. | Omit “two”, substitute “2”. |
Sub-section 204(8).................................. |
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Sub-section 205(1).................................. |
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Paragraph 205(3)(a)................................ | Omit “forty-two”, substitute “42”. |
Paragraph 205(3)(b)................................ | Omit “seven”, substitute “7”. |
Paragraph 205(3)(c)................................ | Omit “seven”, substitute “7”. |
Paragraph 205(3)(d)................................ | Omit “twenty-one”, substitute “21”. |
Sub-section 205(5).................................. |
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Paragraph 205(6)(a)................................ |
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Sub-section 205(7).................................. |
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Paragraph 207(1)(b)................................ |
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Sub-section 207(2).................................. |
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Sub-section 207(3).................................. |
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Sub-section 207(4).................................. |
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Sub-section 207(5).................................. |
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Paragraph 208(a)..................................... | (a) Omit “four”, substitute “4”.
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Sub-section 211(3).................................. |
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Sub-section 212(1).................................. |
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Sub-section 213(3).................................. | Omit “of this Act” (last occurring). |
Sub-section 216(1).................................. | Omit “twenty-one”, substitute “21”. |
Sub-section 217(1).................................. |
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Provision | Amendment |
Sub-section 217 (2)................................. |
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Paragraph 218 (1) (b).............................. | Omit “twenty-one”, substitute “21”. |
Sub-section 219 (2)................................. |
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Sub-section 220 (3)................................. |
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Paragraph 220 (5) (a).............................. |
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Paragraph 221 (1) (c).............................. | (a) Omit “four”, substitute “4”.
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Sub-section 221 (3)................................. |
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Sub-section 221 (4)................................. | (a) Omit “(1) of section 43”, substitute “43(1)”.
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Sub-section 222 (1)................................. | (a) Omit “of this Act”.
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Sub-section 222 (5)................................. |
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Sub-section 222 (9)................................. |
(a) Omit “(1) of section 43”, substitute” 43(1)”.
(c) Omit “of this Act” (last occurring). | |
Sub-section 223 (2)................................. | Omit “five”, substitute “5”. |
Sub-section 223 (3)................................. | (a) Omit “of this Act”.
(c) Omit “five”, substitute “5”. |
Sub-section 228 (2)................................. |
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Sub-section 229 (2)................................. |
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Sub-section 230 (2)................................. |
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Sub-section 231 (2)................................. | Omit “(4) of section 58”, substitute “58(4)”. |
Sub-section 231 (3)................................. |
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Sub-section 231 (4)................................. |
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Sub-section 232 (1)................................. | Insert “in writing” after “request”. |
Paragraph 235 (c).................................... |
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Sub-section 236 (2)................................. |
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Sub-section 236 (5)................................. | (a) Omit “(1) of section 43”, substitute “43(1)”.
(c) Omit “of this Act” (last occurring). |
Sub-section 237 (2)................................. | Omit “(4) of section 58”, substitute “58(4)”. |
Sub-section 237 (3)................................. |
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Sub-section 237 (4)................................. |
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Sub-section 238 (2)................................. |
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Sub-section 239 (1)................................. | Omit “twenty-one”, substitute “21”. |
Sub-section 239 (4)................................. | (a) Omit “(1) of section 43”, substitute “43(1)”.
(c) Omit “of this Act” (last occurring). |
Sub-section 240 (2)................................. |
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Sub-section 242 (2)................................. |
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Sub-section 242 (5)................................. | (a) Omit “(1) of section 43”, substitute “43(1)”.
(c) Omit “of this act” (last occurring). |
Sub-section 243 (2)................................. |
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Provision | Amendment |
Sub-section 243(3).................................. |
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Sub-section 244(1).................................. |
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Sub-section 244(2).................................. |
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Sub-section 244(8).................................. |
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Sub-section 244(9).................................. |
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Sub-section 245(1).................................. |
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Sub-section 245(2).................................. |
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Sub-section 246(1).................................. |
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Sub-section 246(2).................................. | Omit “twenty-eight”, substitute “28”. |
Sub-section 248(1).................................. | Omit “(2) of section 47”, substitute “47 (2)”. |
Paragraph 248(3)(c)................................ |
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Sub-section 248(4).................................. |
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Sub-section 250(1).................................. |
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Sub-section 250(2).................................. |
(b) Omit “(2) of section 58”, substitute “58(2)”. |
Sub-section 251(1).................................. | Omit “twelve”, substitute “12”. |
Paragraph 252(1)(b)................................ | Omit “(1) of section 245”, substitute “245(1)”. |
Sub-section 252(2).................................. |
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Sub-section 253d(1)............................... |
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Paragraph 253d(1)(d)............................. | Omit “(4) of section 56”, substitute “56(4)”. |
Paragraph 253d(2)(a).............................. | Omit “(6a) of section 55”, substitute “55(6a)”. |
Paragraph 253d(2)(b)............................. | Omit “(5b) of section 56”, substitute “56(5b)”. |
Sub-section 253d(3)............................... |
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Paragraph 253f(a)................................... | Omit “(6a) of section 55”, substitute “55(6a)”. |
Paragraph 253f(b)................................... | Omit “(5b) of section 56”, substitute “56(5b)”. |
Paragraph 254(2)(a)................................ | Omit “six”, substitute “6”. |
Sub-section 254(3).................................. |
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Sub-section 254(4).................................. |
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Sub-section 255(4).................................. |
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Paragraph 259(1)(d)................................ |
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Sub-section 259(2).................................. |
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Sub-section 263(1).................................. | Omit “three”, substitute “3”. |
Sub-section 263(2).................................. | Omit “one”, substitute “1”. |
Paragraph 263a(a)................................... |
(b) Omit “six”, substitute “6”. |
Paragraph 263a(b).................................. | Omit “four”, substitute “4”. |
Section 264.............................................. | Omit “three”, substitute “3”. |
Paragraph 265(1)(b)................................ | Omit “two”, substitute “2”. |
Paragraph 265(1)(h)................................ | Omit “two”, substitute “2”. |
Sub-section 265(1).................................. | Omit “one”, substitute “1”. |
Provision | Amendment |
Sub-section 265(2).................................... |
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Sub-section 265(3).................................... | Omit “three”, substitute “3”. |
Paragraph 265(4)(a)................................... | Omit “Twenty dollars”, substitute “$20”. |
Sub-section 265(4).................................... | Omit “one”, substitute “1”. |
Sub-section 265(5).................................... | Omit “three”, substitute “3”. |
Sub-section 265(6).................................... |
|
Sub-section 265(7).................................... | (a) Omit “twelve”, substitute “12”. |
| |
(c) Omit “of this section” (wherever occurring). | |
| |
Sub-section 265(8).................................... | (a) Omit “two”, substitute “2”. |
(c) Omit “one”, substitute “1”. | |
Sub-section 265(9).................................... |
|
Sub-section 266(1).................................... | Omit “three”, substitute “3”. |
Sub-section 266(2).................................... |
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Sub-section 266(3).................................... | (a) Omit “twelve”, substitute “12”. |
(b) Omit “three”, substitute “3”. | |
Section 267................................................ | Omit “one”, substitute “1”. |
Sub-section 268(1).................................... | Omit “one”, substitute “1”. |
Sub-section 268(2).................................... | Omit “one”, substitute “1”. |
Sub-section 268(3).................................... | Omit “three”, substitute “3”. |
Sub-section 268(4).................................... |
|
Sub-section 268(5).................................... | (a) Omit “two”, substitute “2”. |
(b) Omit “one”, substitute “1”. | |
Sub-section 268(6).................................... |
|
Sub-section 268(7).................................... |
(b) Omit “twelve”, substitute “12”.
(d) Omit “three”, substitute “3”. (e) Omit “one”, substitute “1”. |
Paragraph 268(7)(a)................................... |
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Sub-section 268(8).................................... |
|
| |
| |
Sub-section 269......................................... | Omit “three”, substitute “3”. |
Paragraph 270(1)(a)................................... | Omit “five”, substitute “5”. |
Paragraph 270(1)(c)................................... | Omit “three”, substitute “3”. |
Paragraph 270(1)(d).................................. | Omit “one”, substitute “1”. |
Sub-section 270(2).................................... |
|
Paragraph 271(a)....................................... | Omit “two”, substitute “2”. |
Section 271................................................ | Omit “one”, substitute “1”. |
Sub-section 273(2).................................... |
(b) Omit “one”, substitute “1”. |
Sub-section 273(3).................................... |
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Provision | Amendment |
Sub-section 273(5).................................. | Omit “one”, substitute “1”. |
Sub-section 276(1).................................. | Omit “Twenty dollars”, substitute “$20”. |
Sub-section 276(2).................................. |
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Sub-section 279(1).................................. |
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Sub-section 279(3).................................. |
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Sub-section 281(1).................................. | Omit “of this Act” (last occurring). |
Sub-section 281(3).................................. |
|
| |
Sub-section 282(3).................................. |
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Sub-section 285(1).................................. | Omit “of this section”. |
Sub-section 285(2).................................. |
|
Sub-section 285(3).................................. |
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Sub-section 287(3).................................. |
|
| |
Sub-section 290(2).................................. |
|
| |
Sub-section 291(3).................................. |
|
Sub-section 292(3).................................. | Omit “(1) of section 52”, substitute “52(1)”. |
Sub-section 295(2).................................. |
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Sub-section 296(1).................................. |
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Sub-section 296(2).................................. | Omit “(4) of section 210”, substitute “210(4)”. |
Sub-section 296(4).................................. |
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Sub-section 296(5).................................. | Omit “(6) of section 210”, substitute “210(6)”. |
Section 297.............................................. |
|
Sub-section 298(2).................................. |
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Sub-section 312(2).................................. |
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Sub-section 313(5).................................. | Omit “(1) of section 15”, substitute “15(1)”. |
Sub-section 313(6).................................. |
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Paragraph 315(1)(c)................................ |
|
Sub-section 315(2).................................. |
|
| |
Sub-section 315(3).................................. |
|
Paragraph 315(1)(c)................................ | Omit “of this Act” (last occurring). |
Heading to the Schedules | Omit. |
Heading to First Schedule | Omit “FIRST SCHEDULE”, substitute “SCHEDULE 1”. |
Heading to Second Schedule | Omit “SECOND SCHEDULE”, substitute “SCHEDULE 2”. |
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