Bankruptcy Rules (Amendment) (Cth)

Statutory Rules 1988 No. 3421

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Bankruptcy Rules2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, hereby make the following Rules under the Bankruptcy Act 1966.

Dated 15 December 1988.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

N. BOLKUS

Minister of State for Consumer Affairs

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1. After Division 4 of Part II of the Bankruptcy Rules the following Division is inserted:

“Division 4a—Declaration of Intention to Present Debtor’s Petition

Form of debtor’s declaration

“19a. For the purposes of section 54a of the Act, Form 7b is prescribed.

Acceptance of debtor’s declaration

“19b. (1) Where, under subparagraph 54c (a) (ii) of the Act, the Registrar signs and seals a declaration, the Registrar shall supply a signed and sealed copy of the declaration to the debtor.

“(2) For the purposes of that subparagraph, the Registrar’s seal shall be in the form of two concentric circles with the words ‘Commonwealth of Australia—Registrar in Bankruptcy’ inscribed in the inner circle.”.

 

Copy of trustee’s report to be sent to Official Receiver

2. Rule 31a of the Bankruptcy Rules is amended by omitting “paragraph 19 (1) (c)” and substituting “subsection 19aa (2)”.

Schedule 1

3.Schedule 1 to the Bankruptcy Rules is amended by inserting in its proper numerical position in that Schedule the form set out in the Schedule to these Rules.

Application

4. Rule 31a of the Bankruptcy Rules as in force immediately before the commencement of these Rules continues to apply to a bankruptcy in respect of which the date of bankruptcy occurred before the commencement of these Rules.

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SCHEDULE

FORM 7b Rule 19a

DECLARATION OF INTENTION TO PRESENT A DEBTOR’S PETITION

(Title)

To: the Registrar

I, (full name, address and occupation of debtor), declare under section 54a of the Bankruptcy Act 1966 my intention to present a debtor’s petition.

I am not disqualified by the Act from presenting this declaration or a petition against myself.

Dated 19 .

........................................................................

(Debtor)

 

Signed by the debtor

in my presence

(Signature, address and occupation of witness).

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 December 1988.

2. Statutory Rules 1968 No. 2 as amended to date. For previous amendments see Note 2 to Statutory Rules 1988 No. 19 and see also