Bankruptcy Act 1966
Pt X heading substituted by No 80 of 2004, s 3 and Sch 1 item 44, effective 1 December 2004. No 80 of 2004, s 3 and Sch 1 items 212, 213 and 215 contained the following transitional provisions:
212 Transitional - pre-commencement deeds and compositions
(1)
For the purposes of this item, if a deed of assignment or a deed of arrangement was executed by a debtor and a trustee under Part X of the Bankruptcy Act 1966 before 1 December 2004, the deed is a pre-commencement deed .
(2)
For the purposes of this item, if a composition was accepted before 1 December 2004 by a special resolution of a meeting of creditors under section 204 of the Bankruptcy Act 1966 , the composition is a pre-commencement composition .
(3)
Despite the repeals and amendments made by Parts 1 and 2 of this Schedule:
(a) the Bankruptcy Act 1966 and regulations under that Act; and
(b) the Acts amended by Part 2 of this Schedule;continue to apply, in relation to:
(c) a pre-commencement deed; and
(d) a pre-commencement composition; and
(e) any matter connected with, or arising out of:
(i) a pre-commencement deed; or
(ii) a pre-commencement composition;as if those repeals had not happened and those amendments had not been made.
213 Transitional - pre-commencement authorities
(1)
For the purposes of this item, if:
(a) an authority given by a debtor under section 188 of the Bankruptcy Act 1966 became effective before 1 December 2004; and
(b) as at 1 December 2004, none of the following had happened:
(i) the execution by the debtor and the trustee of a deed of assignment under Part X of the Bankruptcy Act 1966 ;
(ii) the execution by the debtor and the trustee of a deed of arrangement under Part X of the Bankruptcy Act 1966 ;
(iii) the acceptance of a composition by a special resolution of a meeting of the debtor ' s creditors under section 204 of the Bankruptcy Act 1966 ;the authority is a pre-commencement authority .
(2)
Despite the repeals and amendments made by Parts 1 and 2 of this Schedule:
(a) the Bankruptcy Act 1966 and regulations under that Act; and
(b) the Acts amended by Part 2 of this Schedule;continue to apply, in relation to:
(c) a pre-commencement authority; and
(d) the control of the debtor ' s property following a pre-commencement authority becoming effective; and
(e) a meeting of the debtor ' s creditors called under a pre-commencement authority; and
(f) whichever of the following is applicable:
(i) a deed of assignment executed after 1 December 2004 by the debtor and the trustee under Part X of the Bankruptcy Act 1966 in accordance with a special resolution of such a meeting;
(ii) a deed of arrangement executed after 1 December 2004 by the debtor and the trustee under Part X of the Bankruptcy Act 1966 in accordance with a special resolution of such a meeting;
(iii) a composition accepted after 1 December 2004 by a special resolution of such a meeting; and
(g) any other matter connected with, or arising out of:
(i) a pre-commencement authority; or
(ii) a deed of assignment mentioned in subparagraph (f)(i); or
(iii) a deed of arrangement mentioned in subparagraph (f)(ii); or
(iv) a composition mentioned in subparagraph (f)(iii);as if those repeals had not happened and those amendments had not been made.
…
215 Transitional - regulations
(1)
The regulations may make provision for matters of a transitional nature arising from the amendments made by Parts 1 and 2 of this Schedule.
(2)
The Governor-General may make regulations for the purposes of subitem (1).
Part X heading formerly read:
PART X - ARRANGEMENTS WITH CREDITORS WITHOUT SEQUESTRATION
Part VIII , with any modifications prescribed by the regulations, applies in relation to the controlling trustee in relation to a debtor as if:
(a) the debtor were a bankrupt; and
(b) the controlling trustee were the trustee of the estate of the bankrupt debtor.
S 210 substituted by No 44 of 1996, Sch 1, Pt 1(356).
Transitional provision
For transitional provision of No 11 of 1997 relating to bank accounts and investments under s 169, 172 and 210, see note under s 169.
No 44 of 1996, Sch 1, Pt 2(480) provides:
The new section substituted by item 356 applies in relation to all persons who are controlling trustees on or after the commencement of this Schedule.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.