Bankruptcy Act 1966

Div 5 repealed by No 11 of 2016, s 3 and Sch 1 item 24, applicable in relation to the administration of regulated debtors ' estates on and after 1 September 2017.

Div 5 heading amended by No 119 of 1987, s 24; No 115 of 1990, s 3; substituted by No 9 of 1992, s 9.

Subdiv E repealed by No 11 of 2016, s 3 and Sch 1 item 24, applicable in relation to the administration of regulated debtors ' estates on and after 1 September 2017.

Subdiv E heading inserted by No 9 of 1992, s 12.

S 64Z repealed by No 11 of 2016, s 3 and Sch 1 item 24, applicable in relation to the administration of regulated debtors ' estates on and after 1 September 2017. S 64Z formerly read:

SECTION 64Z DUTIES OF MINUTES SECRETARY  
64Z(1)
It is the duty of the minutes secretary of a meeting to take minutes in accordance with this section recording the business transacted at the meeting.

64Z(2)
The minutes may, but need not, record full particulars of statements made, questions asked and answers given at the meeting but must contain sufficient particulars to show that the meeting dealt with all matters that are required by this Division to be dealt with.

64Z(3)
Without limiting the generality of subsection (2), the minutes must record:

(a) the name, and the address of a place of residence or business, of the minutes secretary or, if there were different minutes secretaries at different times during the meeting, of each minutes secretary; and

(b) the votes cast for each nominee at an election of a person to preside at the meeting (other than an election at which voting took place on the voices); and

(c) the name, and the address of a place of residence or business, of the President or, if there were different Presidents at different times during the meeting, of each President.

64Z(4)
The minutes must record the precise words of each motion proposed at the meeting and of any amendment proposed to such a motion.

64Z(5)
If a resolution or a special resolution is passed at the meeting:

(a) the minutes secretary must prepare a certificate recording the precise words of the resolution or special resolution; and

(b) the President and the minutes secretary must each sign the certificate; and

(c) the minutes secretary must give the certificate:

(i) to the trustee; or

(ii) in the case of a resolution passed under section 181 removing the trustee - to the trustee appointed in place of the trustee removed and to the Official Receiver; and

(d) the trustee to whom the certificate is given must keep it and allow the bankrupt, a creditor or an authorised employee to inspect it at any reasonable time.

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History

S 64Z(5) amended by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 item 50, by substituting " an authorised employee " for " an officer of the Department " , effective 5 May 2003. For additional provision on the commencement of No 131 of 2002, see note under s 33A.

S 64Z(5) amended by No 44 of 1996, Sch 1, Pt 1(164).

64Z(6)
If a motion is passed or defeated on the voices, the minutes must record that fact and, if a person who voted against a motion that was passed on the voices asks that the person ' s dissent be recorded in the minutes, that dissent must be so recorded.

64Z(7)
The minutes must record the value of each creditor ' s debt and the total value of the debts of all the creditors.

64Z(8)
If a poll is taken on a motion, the minutes must record:

(a) the number and names of the creditors (if any) who voted in favour of the motion and the total value of their debts; and

(b) the number and names of the creditors (if any) who voted against the motion and the total value of their debts; and

(c) the number and names of the creditors (if any) who abstained from voting on the motion and the total value of their debts.

64Z(9)
A reference in this section to the value of a creditor ' s debt is, if the creditor is a secured creditor, a reference to the value of that debt after deducting the value of the security as estimated by the creditor in the statement given by the creditor to the trustee under section 64D .

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History

S 64Z(9) amended by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 items 51 and 209, by substituting " is a secured creditor " for " holds a security in respect of that debt " , applicable to meetings of which notice is given after 5 May 2003. For additional provision on the commencement of No 131 of 2002, see note under s 33A.

64Z(10)
The minutes must be dated, and be signed by the President and the minutes secretary, not later than 14 days after the date of the meeting.

S 64Z inserted by No 9 of 1992, s 12.