PART X
-
PERSONAL INSOLVENCY AGREEMENTS
History
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
Division 3
-
General provisions
SECTION 226
CREDITOR MAY INSPECT PERSONAL INSOLVENCY AGREEMENT ETC.
226(1)
[Inspection without fee]
A person who states in writing that he or she is a creditor of a debtor who has executed a personal insolvency agreement under this Part may, at all reasonable times, inspect without fee, personally or by an agent, the agreement, the statement of the debtor
'
s affairs given under subsection
188(2C)
or
(2D)
and the proofs of debt of creditors and may make copies of, or take extracts from, the agreement, the statement and the proofs.
History
S 226(1) amended by No 80 of 2004, s 3 and Sch 1 items 149 to 151, by substituting
"
personal insolvency agreement
"
for
"
deed of assignment or a deed of arrangement
"
, substituting
"
the agreement
"
for
"
the deed
"
(wherever occurring) and substituting
"
subsection 188(2C) or (2D)
"
for
"
section 188A
"
, effective 1 December 2004. For transitional provisions, see note under Part X heading.
S 226(1) amended by No 131 of 2002, s 3 and Sch 1 item 176, by substituting
"
section 188A
"
for
"
subsection 188(2)
"
, effective 5 May 2003.
S 226(1) substituted by No 12 of 1980, s 123; amended by No 119 of 1987, s 82(1).
226(2)
(Repealed by No 80 of 2004)
History
S 226(2) repealed by No 80 of 2004, s 3 and Sch 1 item 152, effective 1 December 2004. For transitional provisions, see note under Part X heading. S 226(2) formerly read:
226(2)
A person who states in writing that he or she is a creditor of a debtor who has made a composition under this Part may, at all reasonable times, inspect without fee, personally or by an agent, the statement of the debtor
'
s affairs given under section 188A and the proofs of debt of creditors, and may make copies of, or take extracts from, the statement and the proofs.
S 226(2) amended by No 131 of 2002, s 3 and Sch 1 item 176, by substituting
"
section 188A
"
for
"
subsection 188(2)
"
, effective 5 May 2003.
S 226(2) substituted by No 12 of 1980, s 123; amended by No 119 of 1987, s 82(1).
226(3)
[Person who has executed deed]
A person who states in writing that he or she is a creditor of a debtor who has executed a personal insolvency agreement under this Part may without fee, and any other person may on payment of the fee determined by the Minister by legislative instrument, inspect, personally or by an agent, any document filed under this Part in the office of the Official Receiver in relation to the debtor, and may make copies of, or take extracts from, the document.
History
S 226(3) amended by No 34 of 2006, s 3 and Sch 1 item 16, by substituting
"
determined by the Minister by legislative instrument
"
for
"
prescribed by the regulations
"
, effective 1 July 2006.
S 226(3) amended by No 80 of 2004, s 3 and Sch 1 item 153, by substituting
"
personal insolvency agreement
"
for
"
deed of assignment or a deed of arrangement, or made a composition,
"
, effective 1 December 2004. For transitional provisions, see note under Part X heading.
S 226(3) substituted by No 12 of 1980, s 123; amended by No 44 of 1996, Sch 1, Pt 1(378) and (379).
226(4)
[Office copy may be obtained]
Any person is entitled, on payment of the fee determined by the Minister by legislative instrument, to obtain an office copy of any document filed under this Part in the office of the Official Receiver.
History
S 226(4) amended by No 34 of 2006, s 3 and Sch 1 item 16, by substituting
"
determined by the Minister by legislative instrument
"
for
"
prescribed by the regulations
"
, effective 1 July 2006.
S 226(4) substituted by No 12 of 1980, s 123; amended by No 44 of 1996, Sch 1, Pt 1(378) and (379).
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