Bankruptcy Rules (Amendment) (Cth)

Statutory Rules 1987 No. 211

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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 pursuant to section 4 of the Acts Interpretation Act 1901, hereby make the following Rule under the Bankruptcy Act 1966.

Dated 19 February 1987.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

LIONEL BOWEN

Attorney-General

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After Division 3 of Part X of the Bankruptcy Rules, the following Division is inserted:

“Division 3a—Exercise of powers by certain officials

Prescribed time—sub-section 31a (6) of the Act

“119a. (1) For the purposes of sub-section 31a (6) of the Act, the prescribed time is the period of 21 days after the day on which the Registrar has exercised any of the powers of the Court pursuant to sub-section 31a (1) of the Act.

“(2) Where a party to a proceeding referred to in sub-section 31a (6) of the Act has not applied to the Court to review the exercise of a power of the Court under sub-section 31a (1) within the time prescribed under sub-rule (1), further time for such an application may be allowed by the Court or a Registrar upon such terms as the Court or the Registrar thinks fit.

“(3) The Court or a Registrar may allow further time for an application referred to in sub-rule (2) whether or not, when a decision so to allow that further time is made, the prescribed time referred to in sub-rule (1) has expired.

 

“(4) In this Rule, ‘Registrar’ and ‘the Court’ have the same meanings respectively as in sub-section 31a (10) of the Act.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 February 1987.

2. Statutory Rules 1968 No. 2 as amended by 1975 No. 52; 1976 Nos. 105, 143 and 235; 1977 Nos. 32 and 136; 1978 No. 19; 1979 Nos. 157 and 243; 1980 Nos. 385 and 386; 1981 Nos. 40, 304 and 305; 1982 No. 247; 1984 Nos. 23 and 155; 1986 Nos. 84, 95, 96 and 323.