Bankruptcy Act 1966

Pt IA heading inserted by No 119 of 1987, s 3.

S 5AA repealed by No 106 of 2010, Sch 3 item 3, commenced 15 July 2010. S 5AA formerly read:

SECTION 5AA PLACE OF ORIGIN OF BANKRUPTCY AND INSOLVENCY  
5AA(1)
This section identifies the place of origin of each of the matters set out in column 2 of the table. The place of origin of each matter is worked out using column 3 of the table.

Place of origin of bankruptcy and insolvency matters
	Matter	Place of origin
1	Bankruptcy that resulted from acceptance of a debtor ' s petition	The District in which the debtor ' s petition was accepted
2	Any other bankruptcy	The District in which the sequestration order was made
3	Control of a debtor ' s property under section 50	The District in which the Court made an order directing a trustee to take control of the debtor ' s property
4	Scheme of arrangement or composition under Division 6 of Part IV	The District in which there originated the bankruptcy that was annulled under section 74 on acceptance of the proposal for the scheme or composition
5	Matter relating to a debt agreement proposal	The District in which the debt agreement proposal was accepted for processing
6	Part X administration	The District in which the Official Receiver was given a copy of the authority under section 188 that relates to the administration
7	Administration under Part XI	The District in which the Court made the order for the administration

5AA(2)
For the purposes of item 6 of the table, an authority under section 188 relates to a personal insolvency agreement if a special resolution relating to the agreement was passed at a meeting of creditors called under the authority.

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History

S 5AA(2) substituted by No 80 of 2004, s 3 and Sch 1 item 13, effective 1 December 2004. For transitional provisions, see note under Part X heading. S 5AA(2) formerly read:

5AA(2)
For the purposes of item 6 of the table, an authority under section 188 relates to a deed of assignment, a deed of arrangement or a composition if a special resolution relating to the deed or composition was passed at a meeting of creditors called under the authority.

5AA(3)
In this section:

matter relating to a debt agreement proposal
includes:

(a) a debt agreement; and

(b) an activity required or permitted by a debt agreement.

Part X administration
means:

(a) an activity that a controlling trustee may or must carry out after consenting to exercise powers given by an authority under section 188 (including control of a debtor ' s property under Division 2 of Part X ); or

(b) a personal insolvency agreement.

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History

Definition of " Part X administration " amended by No 80 of 2004, s 3 and Sch 1 item 14, by substituting para (b) for paras (b), (c) and (d), effective 1 December 2004. For transitional provisions, see note under Part X heading. Paras (b), (c) and (d) formerly read:

(b) a deed of assignment under Part X; or

(c) a deed of arrangement under Part X; or

(d) a composition under Part X.

S 5AA inserted by No 44 of 1996, Sch 1, Pt 1(21).

No 106 of 2010, Sch 3[17(1)] contains the following transitional provision:

17 Transitional  
(1)
A person who is an Official Receiver for a District immediately before the commencement of this item is taken to have been appointed, at the commencement of this item, under section 16 of the Bankruptcy Act 1966 as an Official Receiver.