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Bankruptcy Act 1966
- PART I - PRELIMINARY
- SECTION 1 SHORT TITLE
- SECTION 2 COMMENCEMENT
- SECTION 3 (REPEALED)
- SECTION 4 REPEAL
- SECTION 4A INSOLVENCY PRACTICE SCHEDULE
- PART IA - INTERPRETATION
- SECTION 5 INTERPRETATION
- SECTION 5AA (REPEALED)
- SECTION 5A ACTING IN ACCORDANCE WITH A PERSON ' S DIRECTIONS OR INSTRUCTIONS
- SECTION 5B ASSOCIATED ENTITIES: COMPANIES
- SECTION 5C ASSOCIATED ENTITIES: NATURAL PERSONS
- SECTION 5D ASSOCIATED ENTITIES: PARTNERSHIPS
- SECTION 5E ASSOCIATED ENTITIES: TRUSTS
- SECTION 5F CONTROLLING AN ENTITY IN RELATION TO A MATTER
- SECTION 5G FINANCIAL AFFAIRS OF A COMPANY
- SECTION 5H FINANCIAL AFFAIRS OF A NATURAL PERSON
- SECTION 5J FINANCIAL AFFAIRS OF A PARTNERSHIP
- SECTION 5K FINANCIAL AFFAIRS OF A TRUST
- SECTION 6 MEANING OF INTENT TO DEFRAUD CREDITORS
- SECTION 6A STATEMENT OF AFFAIRS FOR PURPOSES OTHER THAN PART XI
- SECTION 6B PROVISION OF STATEMENT OF AFFAIRS UNDER PART XI AND STATEMENT OF ADMINISTRATION OF ESTATE OF DECEASED PERSON
- SECTION 6C INTERPRETIVE PROVISIONS RELATING TO PROCEEDS OF CRIME ORDERS
- SECTION 6D APPROVED FORMS
- PART IB - APPLICATION OF ACT
- SECTION 7 APPLICATION OF ACT
- SECTION 7A APPLICATION OF THE CRIMINAL CODE
- SECTION 8 ACT BINDS THE CROWN
- SECTION 9 LAWS OF STATES AND TERRITORIES NOT AFFECTED BY ACT
- SECTION 9A ACT DOES NOT EXTEND TO NORFOLK ISLAND
- PART II - ADMINISTRATION
- Division 1 - General
- SECTION 10 DELEGATION BY MINISTER OR SECRETARY
- SECTION 11 INSPECTOR-GENERAL IN BANKRUPTCY
- SECTION 12 FUNCTIONS OF INSPECTOR-GENERAL
- SECTION 13 THE AUSTRALIAN FINANCIAL SECURITY AUTHORITY
- ### SECTIONS 14 - 14A (OMITTED)
- SECTION 15 OFFICIAL RECEIVERS
- SECTION 16 APPOINTMENT OF INSPECTOR-GENERAL AND OFFICIAL RECEIVERS
- SECTION 17 ACTING INSPECTOR-GENERAL AND ACTING OFFICIAL RECEIVERS
- ### SECTIONS 17A - 17AA (OMITTED)
- SECTION 17B ARRANGEMENTS FOR SERVICES OF STATE MAGISTRATES AND NORTHERN TERRITORY LOCAL COURT JUDGES
- SECTION 18 THE OFFICIAL TRUSTEE IN BANKRUPTCY
- SECTION 18AA PUBLIC GOVERNANCE, PERFORMANCE AND ACCOUNTABILITY ACT 2013 DOES NOT APPLY TO THE OFFICIAL TRUSTEE
- SECTION 18A LIABILITY OF THE OFFICIAL TRUSTEE
- SECTION 19 DUTIES ETC. OF TRUSTEE
- SECTION 19AA POWER OF INVESTIGATION OF BANKRUPT ' S AFFAIRS
- SECTION 19A LIABILITY OF INSPECTOR-GENERAL, OFFICIAL RECEIVERS ETC.
- SECTION 19B TRUSTEE TO GIVE OFFICIAL RECEIVER INFORMATION ETC.
- ### SECTIONS 20 (OMITTED)
- Division 2 - Common Investment Fund
- SECTION 20A INTERPRETATION
- SECTION 20B THE COMMON INVESTMENT FUND
- SECTION 20C (REPEALED)
- SECTION 20D INVESTMENT OF MONEY IN COMMON FUND
- SECTION 20E BORROWING FOR THE COMMON FUND
- SECTION 20F MONEYS IN COMMON FUND NOT HELD ON ACCOUNT OF PARTICULAR ESTATES ETC.
- SECTION 20G COMMON INVESTMENT FUND EQUALIZATION ACCOUNT
- SECTION 20H CREDITS TO AND DEBITS FROM THE EQUALIZATION ACCOUNT
- SECTION 20J INTEREST ON MONEYS IN COMMON FUND PAYABLE ONLY IN CERTAIN CIRCUMSTANCES
- PART III - COURTS
- Division 1 - (Repealed)
- Division 2 - Jurisdiction and powers of courts in bankruptcy
- SECTION 27 BANKRUPTCY COURTS
- SECTION 28 (OMITTED)
- SECTION 29 COURTS TO HELP EACH OTHER
- SECTION 30 GENERAL POWERS OF COURTS IN BANKRUPTCY
- SECTION 31 EXERCISE OF JURISDICTION
- SECTION 31A (OMITTED)
- SECTION 32 COSTS
- SECTION 33 ADJOURNMENT, AMENDMENT OF PROCESS AND EXTENSION AND ABRIDGMENT OF TIMES
- SECTION 33A ALTERATION OF DATES RELATING TO STATEMENTS OF AFFAIRS AND DEBTOR ' S PETITIONS
- SECTION 34 ORDERS AND COMMISSIONS FOR EXAMINATION OF WITNESSES
- SECTION 34A STANDARD OF PROOF
- SECTION 35 JURISDICTION OF THE FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1) IN BANKRUPTCY WHERE TRUSTEE IS A PARTY TO PROPERTY SETTLEMENT OR SPOUSAL MAINTENANCE PROCEEDINGS ETC.
- SECTION 35A TRANSFER OF PROCEEDINGS TO FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
- SECTION 35B FAMILY COURT OF WESTERN AUSTRALIA
- SECTION 36 ENFORCEMENT OF ORDERS ETC.
- SECTION 37 POWER OF COURT TO RESCIND ORDERS ETC.
- SECTION 38 (OMITTED)
- SECTION 39 (REPEALED)
- PART IV - PROCEEDINGS IN CONNEXION WITH BANKRUPTCY
- Division 1 - Acts of bankruptcy
- SECTION 40 ACTS OF BANKRUPTCY
- SECTION 41 BANKRUPTCY NOTICES
- SECTION 42 PAYMENT ETC. OF DEBT TO COMMONWEALTH OR STATE AFTER SERVICE OF BANKRUPTCY NOTICE
- Division 2 - Creditors ' petitions
- SECTION 43 JURISDICTION TO MAKE SEQUESTRATION ORDERS
- SECTION 44 CONDITIONS ON WHICH CREDITOR MAY PETITION
- SECTION 45 CREDITOR ' S PETITION AGAINST PARTNERSHIP
- SECTION 46 PETITION AGAINST 2 OR MORE JOINT DEBTORS
- SECTION 47 REQUIREMENTS AS TO CREDITOR ' S PETITION
- SECTION 48 (REPEALED)
- SECTION 49 CHANGE OF PETITIONERS
- SECTION 50 TAKING CONTROL OF DEBTOR ' S PROPERTY BEFORE SEQUESTRATION
- SECTION 51 COSTS OF PROSECUTING CREDITOR ' S PETITION
- SECTION 52 PROCEEDINGS AND ORDER ON CREDITOR ' S PETITION
- SECTION 53 CONSOLIDATION OF PROCEEDINGS
- SECTION 54 BANKRUPT ' S STATEMENT OF AFFAIRS
- Division 2A - Declaration of intention to present debtor ' s petition
- SECTION 54A PRESENTATION OF DECLARATION
- SECTION 54B WHEN DEBTOR DISQUALIFIED FROM PRESENTING DECLARATION
- SECTION 54C ACCEPTANCE OR REJECTION OF DECLARATION
- SECTION 54D OFFICIAL RECEIVER TO GIVE INFORMATION TO DEBTOR
- SECTION 54E ENFORCEMENT SUSPENDED DURING STAY PERIOD
- SECTION 54F DUTIES OF SHERIFF
- SECTION 54G DUTY OF COURT REGISTRAR
- SECTION 54H DUTIES OF PERSON ENTITLED TO DEDUCT MONEY OWING TO DECLARED DEBTOR
- SECTION 54J EXTENSION OF TIME WHERE THIS DIVISION PREVENTS THE DOING OF AN ACT
- SECTION 54K SECTION 33 NOT TO APPLY TO THIS DIVISION
- SECTION 54L SECURED CREDITOR ' S RIGHTS UNDER SECURITY NOT AFFECTED
- Division 3 - Debtors ' petitions
- SECTION 55 DEBTOR ' S PETITION
- SECTION 56 (OMITTED)
- SECTION 56A PERSONS WHO MAY PRESENT A DEBTOR ' S PETITION AGAINST A PARTNERSHIP
- SECTION 56B PRESENTATION OF A DEBTOR ' S PETITION AGAINST A PARTNERSHIP
- SECTION 56C REFERRAL TO THE COURT OF A DEBTOR ' S PETITION AGAINST A PARTNERSHIP
- SECTION 56D ACCEPTANCE OF A DEBTOR ' S PETITION AGAINST A PARTNERSHIP BY THE OFFICIAL RECEIVER
- SECTION 56E EFFECTS OF ACCEPTANCE OF A DEBTOR ' S PETITION AGAINST A PARTNERSHIP
- SECTION 56F EXTRA DUTIES OF NON-PETITIONING PARTNERS WHO BECOME BANKRUPTS
- SECTION 56G INSPECTION OF STATEMENTS OF AFFAIRS OF PARTNERS AND PARTNERSHIPS
- SECTION 57 DEBTOR ' S PETITION BY JOINT DEBTORS WHO ARE NOT PARTNERS
- SECTION 57A TIME AT WHICH PERSON BECOMES BANKRUPT ON DEBTOR ' S PETITION
- Division 3A - Acceptance of statements of affairs by Official Receiver
- SECTION 57B ACCEPTANCE OF STATEMENTS OF AFFAIRS BY OFFICIAL RECEIVER
- Division 4 - Effect of bankruptcy on property and proceedings
- SECTION 58 VESTING OF PROPERTY UPON BANKRUPTCY - GENERAL RULE
- SECTION 58A VESTING OF PROPERTY UPON BANKRUPTCY - EFFECT OF ORDERS IN FORCE UNDER THE PROCEEDS OF CRIME LAW
- SECTION 59 SECOND OR SUBSEQUENT BANKRUPTCY
- SECTION 59A ORDERS TO WHICH SECTIONS 58 AND 59 ARE SUBJECT
- SECTION 60 STAY OF LEGAL PROCEEDINGS
- SECTION 61 ACTIONS BY BANKRUPT PARTNER ' S TRUSTEE
- SECTION 62 ACTIONS ON JOINT CONTRACTS
- SECTION 63 DEATH OF BANKRUPT
- Division 5 - Meetings of creditors
- Subdivision A - Preliminary
- SECTION 63A DEFINITIONS
- SECTION 63B TRUSTEE ' S REPRESENTATIVE
- Subdivision B - Convening of meetings
- SECTION 64 TRUSTEE TO CONVENE MEETINGS
- SECTION 64A PERSONS TO WHOM NOTICE OF MEETING TO BE GIVEN
- SECTION 64B CERTAIN MATTERS TO BE INCLUDED IN NOTICE OF MEETING
- SECTION 64C IF TELEPHONE CONFERENCE FACILITIES ARE AVAILABLE
- SECTION 64D STATEMENT BY CREDITOR AS TO AMOUNT OF DEBT
- SECTION 64E NOTICE ABOUT VOTING BY PROXY
- SECTION 64F NOTICE ABOUT APPOINTMENT OF ATTORNEY
- SECTION 64G AGENDA TO BE SET OUT IN NOTICE OF MEETING
- Subdivision C - Procedure before opening of meeting
- SECTION 64H CREDITORS, OR PROXIES OR ATTORNEYS, PARTICIPATING BY TELEPHONE
- SECTION 64J PREPARATION OF ATTENDANCE RECORD
- Subdivision D - Procedure at meetings
- SECTION 64K OPENING OF MEETING
- SECTION 64L APPOINTMENT OF MINUTES SECRETARY
- SECTION 64M ANNOUNCEMENT OF PROXIES AND ATTORNEYS
- SECTION 64N QUORUM
- SECTION 64P ELECTION OF PERSON TO PRESIDE AT MEETING
- SECTION 64Q WHETHER HOLDING OF MEETING IS CONVENIENT TO MAJORITY OF CREDITORS
- SECTION 64R TABLING OF BANKRUPT ' S STATEMENT OF AFFAIRS
- SECTION 64S STATEMENTS AND QUESTIONS
- SECTION 64T MOTIONS
- SECTION 64U REMUNERATION OF REGISTERED TRUSTEE
- SECTION 64V APPOINTMENT OF COMMITTEE OF INSPECTION
- SECTION 64W OTHER BUSINESS
- SECTION 64X NEXT MEETING
- Subdivision E - Miscellaneous
- SECTION 64Y ADJOURNMENT OF MEETING
- SECTION 64Z DUTIES OF MINUTES SECRETARY
- SECTION 64ZA ENTITLEMENT TO VOTE
- SECTION 64ZB MANNER OF VOTING
- SECTION 64ZBA CREDITORS ' RESOLUTION WITHOUT MEETING
- SECTION 64ZC APPOINTMENT OF PROXIES
- SECTION 64ZD PROVISIONS RELATING TO MOTIONS AND AMENDMENTS OF MOTIONS
- SECTION 64ZE JOINT BANKRUPTCIES
- SECTION 64ZF SUBSTANTIAL COMPLIANCE TO BE SUFFICIENT
- ### SECTIONS 65 - 68 (REPEALED)
- SECTION 69 (REPEALED)
- Division 5A - Committee of inspection
- SECTION 70 COMMITTEE OF INSPECTION
- SECTION 71 VACATION OF OFFICE ETC.
- SECTION 72 MEMBER OF COMMITTEE NOT TO PURCHASE PART OF ESTATE
- Division 6 - Composition or arrangement with creditors
- SECTION 73 COMPOSITION OR ARRANGEMENT
- SECTION 73A TRUSTEE MAY REQUIRE SURETY FOR COST OF MEETING
- SECTION 73B DECLARATION OF RELATIONSHIPS BY PROPOSED TRUSTEE OF COMPOSITION OR SCHEME OF ARRANGEMENT
- SECTION 73C STATEMENT OF AFFAIRS AND DECLARATIONS OF RELATIONSHIPS TO BE TABLED AT MEETING
- SECTION 74 ANNULMENT OF BANKRUPTCY
- SECTION 74A VARIATION OF COMPOSITION OR SCHEME OF ARRANGEMENT
- SECTION 75 EFFECT OF COMPOSITION OR SCHEME OF ARRANGEMENT
- SECTION 76 APPLICATION OF PART VIII AND SCHEDULE 2 TO TRUSTEE OF A COMPOSITION OR ARRANGEMENT
- SECTION 76A MEETINGS OF CREDITORS
- SECTION 76B SETTING ASIDE AND TERMINATION OF A COMPOSITION OR SCHEME OF ARRANGEMENT
- PART V - CONTROL OVER PERSON AND PROPERTY OF DEBTORS AND BANKRUPTS
- Division 1 - General
- SECTION 77 DUTIES OF BANKRUPT AS TO DISCOVERY ETC. OF PROPERTY
- SECTION 77AA ACCESS BY OFFICIAL RECEIVER AND OTHERS TO PREMISES
- SECTION 77A ACCESS BY TRUSTEE TO BOOKS OF ASSOCIATED ENTITY
- SECTION 77B (REPEALED)
- SECTION 77C POWER OF OFFICIAL RECEIVER TO OBTAIN INFORMATION AND EVIDENCE
- SECTION 77CA POWER OF OFFICIAL RECEIVER TO OBTAIN STATEMENT OF AFFAIRS
- SECTION 77D ALLOWANCES AND EXPENSES IN RESPECT OF ATTENDANCE
- SECTION 77E ADVANCE ON ACCOUNT OF ALLOWANCES AND EXPENSES
- SECTION 77F ALLOWANCES AND EXPENSES TO BE PAID OUT OF BANKRUPT ' S ESTATE
- SECTION 78 ARREST OF DEBTOR OR BANKRUPT
- SECTION 79 (OMITTED)
- SECTION 80 NOTIFICATION OF CHANGE IN NAME, ADDRESS OR DAY-TIME TELEPHONE NUMBER
- SECTION 81 DISCOVERY OF BANKRUPT ' S PROPERTY ETC.
- Division 2 - Offshore information notices
- SECTION 81A ISSUE OF NOTICES
- SECTION 81B EXTENSION OF PERIOD OF NOTICE
- SECTION 81C VARIATION OF NOTICES
- SECTION 81D WITHDRAWAL OF NOTICES
- SECTION 81E NOTICES MAY BE INCLUDED IN SAME DOCUMENT
- SECTION 81F RELATIONSHIP BETWEEN THIS DIVISION AND SECTION 77C
- Division 3 - Failure to comply with certain notices
- SECTION 81G EFFECT OF NON-COMPLIANCE WITH NOTICE
- PART VI - ADMINISTRATION OF PROPERTY
- Division 1 - Proof of debts
- SECTION 82 DEBTS PROVABLE IN BANKRUPTCY
- SECTION 83 DEBT NOT TO BE CONSIDERED PROVED UNTIL ADMITTED
- SECTION 84 MANNER OF PROVING DEBTS
- SECTION 85 PROOF BY EMPLOYEES
- SECTION 86 MUTUAL CREDIT AND SET-OFF
- SECTION 87 DEDUCTION OF DISCOUNTS
- SECTION 88 APPORTIONMENT TO PRINCIPAL AND INTEREST OF PAYMENTS MADE BEFORE BANKRUPTCY
- SECTION 89 APPORTIONMENT WHERE SECURITY REALIZED BEFORE OR AFTER BANKRUPTCY
- SECTION 90 PROOF OF DEBT BY SECURED CREDITOR
- SECTION 91 REDEMPTION OF SECURITY BY TRUSTEE ETC.
- SECTION 92 AMENDMENT OF VALUATION
- SECTION 93 REPAYMENT OF EXCESS
- SECTION 94 SUBSEQUENT REALIZATION OF SECURITY
- SECTION 95 PROOF IN RESPECT OF DISTINCT CONTRACTS
- SECTION 96 PROOF IN RESPECT OF PROPORTIONATE PART OF PERIODICAL PAYMENT
- SECTION 97 PRODUCTION OF BILLS OF EXCHANGE AND PROMISSORY NOTES
- SECTION 98 AMENDMENT OF PROOF OF DEBT
- SECTION 99 (REPEALED)
- SECTION 100 COSTS OF PROVING DEBTS ETC.
- SECTION 101 INSPECTION OF PROOFS BY CREDITORS ETC.
- SECTION 102 ADMISSION OR REJECTION OF PROOFS
- SECTION 103 DEBTS TO BE ROUNDED DOWN TO NEAREST DOLLAR
- SECTION 104 APPEAL AGAINST DECISION OF TRUSTEE IN RESPECT OF PROOF
- SECTION 105 COSTS OF APPEAL
- SECTION 106 TRUSTEE MAY ADMINISTER OATHS ETC.
- SECTION 107 CREDITOR NOT TO RECEIVE MORE THAN THE AMOUNT OF HIS OR HER DEBT AND INTEREST
- Division 2 - Order of payment of debts
- Subdivision A - General
- SECTION 108 DEBTS PROVED TO RANK EQUALLY EXCEPT AS OTHERWISE PROVIDED
- SECTION 109 PRIORITY PAYMENTS
- SECTION 109A DEBTS DUE TO EMPLOYEES
- SECTION 110 APPLICATION OF ESTATES OF JOINT DEBTORS
- ### SECTIONS 111 - 112 (REPEALED)
- SECTION 113 APPRENTICESHIP ETC. CLAIMS
- SECTION 114 PAYMENT OF LIABILITIES ETC. INCURRED UNDER TERMINATED DEED ETC.
- Subdivision B - The effect of proceeds of crime orders and applications for proceeds of crime orders
- SECTION 114A THE EFFECT OF PROCEEDS OF CRIME ORDERS
- SECTION 114B THE EFFECT OF APPLICATIONS FOR PROCEEDS OF CRIME ORDERS
- SECTION 114C DIRECTOR OF PUBLIC PROSECUTIONS OR COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE MUST NOTIFY THE TRUSTEE OF CERTAIN MATTERS
- Division 3 - Property available for payment of debts
- Subdivision A - General
- SECTION 115 COMMENCEMENT OF BANKRUPTCY
- SECTION 116 PROPERTY DIVISIBLE AMONG CREDITORS
- SECTION 117 POLICIES OF INSURANCE AGAINST LIABILITIES TO THIRD PARTIES
- SECTION 118 EXECUTION BY CREDITOR AGAINST PROPERTY OF DEBTOR WHO BECOMES A BANKRUPT ETC.
- SECTION 119 DUTIES OF SHERIFF AFTER RECEIVING NOTICE OF PRESENTATION OF PETITION ETC.
- SECTION 119A DUTIES OF SHERIFF AFTER RECEIVING NOTICE OF BANKRUPTCY ETC.
- SECTION 120 UNDERVALUED TRANSACTIONS
- SECTION 121 TRANSFERS TO DEFEAT CREDITORS
- SECTION 121A TRANSACTIONS WHERE CONSIDERATION GIVEN TO A THIRD PARTY
- SECTION 122 AVOIDANCE OF PREFERENCES
- SECTION 123 PROTECTION OF CERTAIN TRANSFERS OF PROPERTY AGAINST RELATION BACK ETC.
- SECTION 124 PROTECTION OF CERTAIN PAYMENTS TO BANKRUPT ETC.
- SECTION 125 CERTAIN ACCOUNTS OF UNDISCHARGED BANKRUPT
- SECTION 126 DEALINGS WITH UNDISCHARGED BANKRUPT IN RESPECT OF AFTER-ACQUIRED PROPERTY
- SECTION 127 LIMITATION OF TIME FOR MAKING CLAIMS BY TRUSTEE ETC.
- SECTION 128 NOTICE TO TRUSTEE WHERE IDENTITY OF VENDOR ETC. WITH BANKRUPT IN DOUBT
- Subdivision B - Superannuation contributions
- SECTION 128A SIMPLIFIED OUTLINE
- SECTION 128B SUPERANNUATION CONTRIBUTIONS MADE TO DEFEAT CREDITORS - CONTRIBUTOR IS A PERSON WHO LATER BECOMES A BANKRUPT
- SECTION 128C SUPERANNUATION CONTRIBUTIONS MADE TO DEFEAT CREDITORS - CONTRIBUTOR IS A THIRD PARTY
- SECTION 128D TIME FOR MAKING CLAIMS BY TRUSTEE
- SECTION 128E SUPERANNUATION ACCOUNT-FREEZING NOTICE
- SECTION 128F REVOCATION OF SUPERANNUATION ACCOUNT-FREEZING NOTICE
- SECTION 128G COPY OF SUPERANNUATION ACCOUNT-FREEZING NOTICE TO BE GIVEN TO TRUSTEE ETC.
- SECTION 128H CONSENT OF OFFICIAL RECEIVER TO THE CASHING ETC. OF A SUPERANNUATION INTEREST
- SECTION 128J POWER OF COURT TO SET ASIDE SUPERANNUATION ACCOUNT-FREEZING NOTICE
- SECTION 128K JUDICIAL ENFORCEMENT OF SUPERANNUATION ACCOUNT-FREEZING NOTICES
- SECTION 128L PROTECTION OF TRUSTEE OF ELIGIBLE SUPERANNUATION PLAN
- SECTION 128M REFERENCES TO A MEMBER OF AN ELIGIBLE SUPERANNUATION PLAN
- SECTION 128N DEFINITIONS
- Division 4 - Realization of property
- SECTION 129 TRUSTEE TO TAKE POSSESSION OF PROPERTY OF BANKRUPT
- SECTION 129AA TIME LIMIT FOR REALISING PROPERTY
- SECTION 129A ELIGIBLE JUDGES
- SECTION 130 WARRANT FOR SEIZURE OF PROPERTY CONNECTED WITH THE BANKRUPT
- SECTION 131 (REPEALED)
- SECTION 132 VESTING AND TRANSFER OF PROPERTY
- SECTION 133 DISCLAIMER OF ONEROUS PROPERTY
- SECTION 134 POWERS EXERCISABLE AT DISCRETION OF TRUSTEE
- SECTION 135 (REPEALED)
- SECTION 136 RIGHT TO PAY OFF MORTGAGES
- SECTION 137 RIGHT OF TRUSTEE TO INSPECT GOODS HELD AS SECURITY
- SECTION 138 LIMITATION OF TRUSTEE ' S POWER IN RESPECT OF COPYRIGHT, PATENTS ETC.
- SECTION 139 PROTECTION OF TRUSTEE FROM PERSONAL LIABILITY IN CERTAIN CASES
- Division 4A - Orders in relation to property of entity controlled by bankrupt or from which bankrupt derived a benefit
- SECTION 139A TRUSTEE MAY APPLY TO COURT
- SECTION 139B APPLICATION TO BE SERVED ON RESPONDENT ENTITY
- SECTION 139C WHO MAY APPEAR AT HEARING
- SECTION 139CA DEFINITION OF EXAMINABLE PERIOD
- SECTION 139D ORDER RELATING TO PROPERTY OF ENTITY OTHER THAN A NATURAL PERSON
- SECTION 139DA ORDER RELATING TO PROPERTY OF NATURAL PERSON
- SECTION 139E ORDER RELATING TO NET WORTH OF ENTITY OTHER THAN A NATURAL PERSON
- SECTION 139EA ORDER RELATING TO INCREASE IN VALUE OF PROPERTY OF NATURAL PERSON
- SECTION 139F COURT TO TAKE ACCOUNT OF INTERESTS OF OTHER PERSONS
- SECTION 139G GIVING EFFECT TO ORDERS UNDER THIS DIVISION
- SECTION 139H ENTITY ENTITLED TO CLAIM IN BANKRUPTCY
- Division 4B - Contribution by bankrupt and recovery of property
- Subdivision A - Preliminary
- SECTION 139J OBJECTS OF DIVISION
- Subdivision B - Interpretation
- SECTION 139K DEFINITIONS
- Subdivision C - Income
- SECTION 139L MEANING OF INCOME
- SECTION 139M DERIVATION OF INCOME
- SECTION 139N INCOME VARIED BY INCOME TAX PAYMENTS AND REFUNDS AND CHILD SUPPORT PAYMENTS
- Subdivision D - Liability of bankrupt to pay contributions
- SECTION 139P LIABILITY OF BANKRUPT TO PAY CONTRIBUTION
- SECTION 139Q CHANGE IN LIABILITY OF BANKRUPT
- SECTION 139R LIABILITY NOT AFFECTED BY SUBSEQUENT DISCHARGE
- SECTION 139S CONTRIBUTION PAYABLE BY BANKRUPT
- SECTION 139T DETERMINATION OF HIGHER INCOME THRESHOLD IN CASES OF HARDSHIP
- Subdivision E - Provision of information to trustee
- SECTION 139U BANKRUPT TO PROVIDE EVIDENCE OF INCOME
- SECTION 139V POWER OF TRUSTEE TO REQUIRE BANKRUPT TO PROVIDE ADDITIONAL EVIDENCE
- Subdivision F - Assessments of income and contribution
- SECTION 139W ASSESSMENT OF BANKRUPT ' S INCOME AND CONTRIBUTION
- SECTION 139WA NO TIME LIMIT ON MAKING ASSESSMENT
- SECTION 139X BASIS OF ASSESSMENTS
- SECTION 139Y TRUSTEE MAY REGARD BANKRUPT AS RECEIVING REASONABLE REMUNERATION
- SECTION 139Z IF BANKRUPT CLAIMS NOT TO BE IN RECEIPT OF INCOME
- Subdivision G - Review of assessment
- SECTION 139ZA INTERNAL REVIEW OF ASSESSMENT
- SECTION 139ZB (OMITTED)
- SECTION 139ZC INSPECTOR-GENERAL MAY REQUEST FURTHER INFORMATION
- SECTION 139ZD DECISION ON REVIEW
- SECTION 139ZE INSPECTOR-GENERAL TO NOTIFY BANKRUPT AND TRUSTEE OF DECISION
- SECTION 139ZF REVIEW OF ASSESSMENT DECISIONS
- Subdivision H - When contribution payable
- SECTION 139ZG PAYMENT OF CONTRIBUTION
- SECTION 139ZH IF EXCESS CONTRIBUTION PAID
- SECTION 139ZI NOTICE OF DETERMINATIONS
- Subdivision HA - Supervised account regime
- SECTION 139ZIA OBJECTS
- SECTION 139ZIB DEFINITIONS
- SECTION 139ZIC TRUSTEE MAY DETERMINE THAT THE SUPERVISED ACCOUNT REGIME APPLIES TO THE BANKRUPT
- SECTION 139ZID REVOCATION OF DETERMINATION
- SECTION 139ZIDA WHEN DETERMINATION CEASES TO BE IN FORCE
- SECTION 139ZIE BANKRUPT MUST OPEN AND MAINTAIN SUPERVISED ACCOUNT
- SECTION 139ZIEA NEW SUPERVISED ACCOUNT
- SECTION 139ZIF BANKRUPT ' S MONETARY INCOME TO BE DEPOSITED TO SUPERVISED ACCOUNT
- SECTION 139ZIG TRUSTEE TO SUPERVISE WITHDRAWALS FROM SUPERVISED ACCOUNT
- SECTION 139ZIH CONSTRUCTIVE INCOME RECEIPT ARRANGEMENTS
- SECTION 139ZIHA NON-MONETARY INCOME RECEIPT ARRANGEMENTS
- SECTION 139ZII CASH INCOME
- SECTION 139ZIIA KEEPING OF BOOKS
- SECTION 139ZIJ INJUNCTIONS
- SECTION 139ZIK INTERIM INJUNCTIONS
- SECTION 139ZIL DISCHARGE ETC. OF INJUNCTIONS
- SECTION 139ZIM CERTAIN LIMITS ON GRANTING INJUNCTIONS NOT TO APPLY
- SECTION 139ZIN OTHER POWERS OF THE COURT UNAFFECTED
- SECTION 139ZIO INSPECTOR-GENERAL MAY REVIEW TRUSTEE ' S DECISION
- SECTION 139ZIP INSPECTOR-GENERAL MAY REQUEST FURTHER INFORMATION
- SECTION 139ZIR INSPECTOR-GENERAL ' S DECISION ON REVIEW
- SECTION 139ZIS INSPECTOR-GENERAL TO NOTIFY BANKRUPT AND TRUSTEE OF DECISION
- SECTION 139ZIT ART REVIEW OF DECISIONS
- Subdivision I - Collection of money or property by Official Receiver from person other than the bankrupt
- SECTION 139ZJ DEFINITION
- SECTION 139ZK PERSONS TO WHOM SUBDIVISION APPLIES
- SECTION 139ZL OFFICIAL RECEIVER MAY REQUIRE PERSONS TO MAKE PAYMENTS
- SECTION 139ZM POWER OF COURT TO SET ASIDE NOTICE
- SECTION 139ZN CHARGE OVER PROPERTY
- SECTION 139ZO FAILURE TO COMPLY WITH NOTICE
- SECTION 139ZP EMPLOYER NOT TO DISMISS OR INJURE BANKRUPT BECAUSE OF GIVING OF NOTICE
- Subdivision J - Collection of money or property by Official Receiver from party to transaction that is void against the trustee
- SECTION 139ZQ OFFICIAL RECEIVER MAY REQUIRE PAYMENT
- SECTION 139ZR CHARGE OVER PROPERTY
- SECTION 139ZS POWER OF COURT TO SET ASIDE NOTICE
- SECTION 139ZT FAILURE TO COMPLY WITH NOTICE
- Subdivision K - Rolled-over superannuation interests etc.
- SECTION 139ZU ORDER RELATING TO ROLLED-OVER SUPERANNUATION INTERESTS ETC.
- SECTION 139ZV ENFORCEMENT OF ORDER
- SECTION 139ZW DEFINITIONS
- Division 4C - (Repealed)
- Division 5 - Distribution of property
- SECTION 140 DECLARATION AND DISTRIBUTION OF DIVIDENDS
- SECTION 141 JOINT AND SEPARATE DIVIDENDS
- SECTION 142 APPORTIONMENT OF EXPENSES OF ADMINISTRATION OF JOINT AND SEPARATE ESTATES
- SECTION 143 PROVISION TO BE MADE FOR CREDITORS RESIDING AT A DISTANCE ETC.
- SECTION 144 RIGHT OF CREDITOR WHO HAS NOT PROVED DEBT BEFORE DECLARATION OF DIVIDEND
- SECTION 145 FINAL DIVIDEND
- SECTION 146 DISTRIBUTION OF DIVIDENDS WHERE BANKRUPT FAILS TO FILE STATEMENT OF AFFAIRS
- SECTION 147 NO ACTION FOR DIVIDEND
- PART VII - DISCHARGE AND ANNULMENT
- Division 1 - Preliminary
- SECTION 148 MISLEADING CONDUCT BY BANKRUPT
- Division 2 - Discharge by operation of law
- Subdivision A - Discharge after certain period
- SECTION 149 AUTOMATIC DISCHARGE
- SECTION 149A BANKRUPTCY EXTENDED WHEN OBJECTION MADE
- Subdivision B - Objections
- SECTION 149B OBJECTION TO DISCHARGE
- SECTION 149C FORM OF NOTICE OF OBJECTION
- SECTION 149D GROUNDS OF OBJECTION
- SECTION 149E (OMITTED)
- SECTION 149F COPY OF NOTICE OF OBJECTION TO BE GIVEN TO BANKRUPT
- SECTION 149G DATE OF EFFECT OF OBJECTION
- SECTION 149H TRUSTEE CEASING TO OBJECT ON SOME GROUNDS
- SECTION 149J WITHDRAWAL OF OBJECTION
- Subdivision C - Review of objection
- SECTION 149K INTERNAL REVIEW OF OBJECTION
- SECTION 149L (OMITTED)
- SECTION 149M INSPECTOR-GENERAL MAY REQUEST FURTHER INFORMATION
- SECTION 149N DECISION ON REVIEW
- SECTION 149P INSPECTOR-GENERAL TO NOTIFY BANKRUPT AND TRUSTEE OF DECISION
- SECTION 149Q REVIEW OF DECISIONS
- Division 3 - Early discharge
- Subdivision A - (Repealed)
- Subdivision B - (Repealed)
- Subdivision C - (Repealed)
- Subdivision D - (Repealed)
- Subdivision E - (Repealed)
- Subdivision F - (Repealed)
- Division 4 - Provisions applicable to all discharges
- SECTION 152 DISCHARGED BANKRUPT TO GIVE ASSISTANCE
- SECTION 153 EFFECT OF DISCHARGE
- Division 5 - Annulment of bankruptcy
- SECTION 153A ANNULMENT ON PAYMENT OF DEBTS
- SECTION 153B ANNULMENT BY COURT
- SECTION 154 EFFECT OF ANNULMENT
- PART VIII - TRUSTEES
- Division 1 - Appointment and official name
- SECTION 154A APPLICATION TO BECOME A REGISTERED TRUSTEE
- SECTION 155 PROCESSING OF AN APPLICATION
- SECTION 155A COMMITTEE ' S DECISION ON AN APPLICATION
- SECTION 155B EFFECT OF COMMITTEE ' S DECISION
- SECTION 155C REGISTRATION AS A TRUSTEE
- SECTION 155D EXTENSION OF REGISTRATION
- SECTION 155E APPLICATION FOR CHANGE OF CONDITIONS ON PRACTISING AS A REGISTERED TRUSTEE
- SECTION 155F DECISION ON APPLICATION FOR CHANGE OF CONDITIONS
- SECTION 155G VOLUNTARY TERMINATION OF REGISTRATION
- SECTION 155H CONSIDERATION OF INVOLUNTARY TERMINATION OF REGISTRATION
- SECTION 155I DECISION ON INVOLUNTARY TERMINATION OF REGISTRATION
- SECTION 155J AFTER TERMINATION OF REGISTRATION
- SECTION 155K PAYMENT OF FEES ETC. FOR APPLICATION, REGISTRATION AND EXTENSION
- SECTION 156 (OMITTED)
- SECTION 156A CONSENT TO ACT AS TRUSTEE
- SECTION 157 APPOINTMENT OF TRUSTEES
- SECTION 158 APPOINTMENT OF MORE THAN ONE TRUSTEE ETC.
- SECTION 159 VACANCY IN OFFICE OF TRUSTEE
- SECTION 160 OFFICIAL TRUSTEE TO BE TRUSTEE WHEN NO REGISTERED TRUSTEE IS TRUSTEE
- SECTION 161 TRUSTEE MAY ACT IN OFFICIAL NAME
- SECTION 161A REGISTERED TRUSTEE TO NOTIFY INSPECTOR-GENERAL OF CERTAIN EVENTS
- Division 2 - Remuneration and costs of the Official Trustee and Official Receiver
- SECTION 161B TRUSTEE ' S REMUNERATION - MINIMUM ENTITLEMENT
- SECTION 162 TRUSTEE ' S REMUNERATION - GENERAL
- SECTION 163 REMUNERATION OF THE OFFICIAL TRUSTEE
- SECTION 163A COSTS AND EXPENSES OF OFFICIAL RECEIVER
- SECTION 164 TWO OR MORE TRUSTEES ACTING IN SUCCESSION
- SECTION 165 TRUSTEE NOT TO ACCEPT EXTRA BENEFIT ETC.
- SECTION 166 PAYMENT TO THIRD PARTIES
- SECTION 167 REVIEW OF REMUNERATION ETC.
- Division 3 - Accounts and audits
- SECTION 168 TRUSTEE NOT TO PAY MONEYS INTO PRIVATE ACCOUNT
- SECTION 169 TRUSTEE TO PAY MONEYS INTO BANK ACCOUNT
- SECTION 170 TRUSTEE TO GIVE OFFICIAL RECEIVER AND BANKRUPT INFORMATION ETC.
- SECTION 170A ANNUAL RETURN
- SECTION 171 TRUSTEE TO GIVE AND OBTAIN RECEIPTS
- SECTION 172 (REPEALED)
- SECTION 173 BOOKS TO BE KEPT BY TRUSTEE
- SECTION 174 TRUSTEE ' S BOOKS WHEN TRADING
- SECTION 175 AUDIT OF TRUSTEE ' S ACCOUNTS
- SECTION 176 COURT MAY ORDER TRUSTEE TO MAKE GOOD LOSS CAUSED BY BREACH OF DUTY
- Division 4 - Control over trustees
- SECTION 177 CONTROL OF CREDITORS OVER TRUSTEES
- SECTION 178 APPEAL TO COURT AGAINST TRUSTEE ' S DECISION ETC.
- SECTION 179 CONTROL OF TRUSTEES BY THE COURT
- Division 4A - (Repealed)
- Division 5 - Vacation of office
- SECTION 180 RESIGNATION OF TRUSTEE
- SECTION 181 REMOVAL OF TRUSTEE
- SECTION 181A STREAMLINED METHOD FOR REPLACING TRUSTEE
- SECTION 182 BANKRUPTCY OF TRUSTEE ETC.
- SECTION 183 RELEASE OF REGISTERED TRUSTEE BY THE COURT
- SECTION 184 RELEASE OF REGISTERED TRUSTEE BY OPERATION OF LAW AFTER 7 YEARS
- SECTION 184A RELEASE OF THE OFFICIAL TRUSTEE
- PART IX - DEBT AGREEMENTS
- Division 1 - Introduction
- SECTION 185 DEFINITIONS
- SECTION 185A ADEQUATE AND APPROPRIATE PROFESSIONAL INDEMNITY AND FIDELITY INSURANCE
- SECTION 185B (REPEALED)
- Division 2 - Debt agreement proposals
- SECTION 185C GIVING A DEBT AGREEMENT PROPOSAL TO THE OFFICIAL RECEIVER
- SECTION 185D STATEMENT OF AFFAIRS TO BE GIVEN WITH A DEBT AGREEMENT PROPOSAL
- SECTION 185E ACCEPTING A DEBT AGREEMENT PROPOSAL FOR PROCESSING
- SECTION 185EA PROCESSING OF DEBT AGREEMENT PROPOSAL
- SECTION 185EB INSPECTION OF CREDITOR ' S STATEMENT
- SECTION 185EC ACCEPTANCE OF A DEBT AGREEMENT PROPOSAL
- SECTION 185ED CANCELLATION OF ACCEPTANCE OF DEBT AGREEMENT PROPOSAL FOR PROCESSING
- SECTION 185F EFFECT OF ACCEPTING A DEBT AGREEMENT PROPOSAL FOR PROCESSING
- SECTION 185G LAPSING OF A DEBT AGREEMENT PROPOSAL
- Division 3 - Making a debt agreement
- SECTION 185H MAKING A DEBT AGREEMENT
- SECTION 185I PARTIES TO A DEBT AGREEMENT
- SECTION 185J (REPEALED)
- SECTION 185K PREVENTION OF PROCEEDINGS RELATING TO DEBTS
- SECTION 185L (REPEALED)
- Division 3A - Duties of administrators
- SECTION 185LA DUTIES OF AN ADMINISTRATOR - GENERAL
- SECTION 185LB ADMINISTRATOR TO NOTIFY CREDITORS OF A 3-MONTH ARREARS DEFAULT BY A DEBTOR
- SECTION 185LC ADMINISTRATOR TO NOTIFY OFFICIAL RECEIVER OF A DESIGNATED 6-MONTH ARREARS DEFAULT BY A DEBTOR
- SECTION 185LD ADMINISTRATOR TO MAINTAIN SEPARATE BANK ACCOUNT
- SECTION 185LDA OFFENCE RELATING TO THE TRUST ACCOUNT
- SECTION 185LE ADMINISTRATOR TO KEEP ACCOUNTS ETC.
- SECTION 185LEA ANNUAL RETURN
- SECTION 185LF SUCCESSION OF ADMINISTRATOR
- SECTION 185LG DUTIES OF AN ADMINISTRATOR IN RELATION TO DEBT AGREEMENTS - EXTENDED MEANING
- Division 4 - Varying a debt agreement
- SECTION 185M VARYING A DEBT AGREEMENT
- SECTION 185MA PROCEDURES FOR DEALING WITH PROPOSALS TO VARY DEBT AGREEMENTS
- SECTION 185MB INSPECTION OF CREDITOR ' S STATEMENT
- SECTION 185MC ACCEPTANCE OF A PROPOSAL TO VARY A DEBT AGREEMENT
- SECTION 185MD WITHDRAWAL OF PROPOSAL TO VARY A DEBT AGREEMENT
- Division 5 - Ending a debt agreement
- SECTION 185N END OF DEBT AGREEMENT ON DISCHARGE OF OBLIGATIONS UNDER AGREEMENT
- SECTION 185NA RELEASE OF DEBTOR FROM DEBTS
- SECTION 185P TERMINATING A DEBT AGREEMENT BY ACCEPTING A PROPOSAL
- SECTION 185PA PROCEDURES FOR DEALING WITH PROPOSALS TO TERMINATE DEBT AGREEMENTS
- SECTION 185PB INSPECTION OF CREDITOR ' S STATEMENT
- SECTION 185PC ACCEPTANCE OF A PROPOSAL TO TERMINATE A DEBT AGREEMENT
- SECTION 185PD WITHDRAWAL OF PROPOSAL TO TERMINATE A DEBT AGREEMENT
- SECTION 185Q TERMINATING A DEBT AGREEMENT BY ORDER OF THE COURT
- SECTION 185QA TERMINATING A DEBT AGREEMENT - DESIGNATED 6-MONTH ARREARS DEFAULT
- SECTION 185R TERMINATING A DEBT AGREEMENT BY THE BANKRUPTCY OF THE DEBTOR
- SECTION 185S VALIDITY OF THINGS DONE UNDER A DEBT AGREEMENT THAT WAS TERMINATED
- Division 6 - Voiding a debt agreement
- SECTION 185T APPLYING FOR AN ORDER DECLARING A DEBT AGREEMENT VOID
- SECTION 185U MAKING AN ORDER DECLARING A DEBT AGREEMENT VOID
- SECTION 185V VALIDITY OF THINGS DONE UNDER A DEBT AGREEMENT THAT WAS DECLARED VOID
- Division 7 - General provisions relating to debt agreements
- SECTION 185W COURT DIRECTIONS TO THE OFFICIAL RECEIVER
- SECTION 185X NO STAMP DUTY PAYABLE ON A DEBT AGREEMENT
- SECTION 185XA SECURED CREDITORS
- SECTION 185Y MONEY RECEIVED BY ADMINISTRATOR TO BE HELD ON TRUST
- SECTION 185Z REMUNERATION OF ADMINISTRATOR
- SECTION 185ZA NOTIFICATION OF DEATH OF ADMINISTRATOR
- SECTION 185ZB OFFICIAL TRUSTEE TO REPLACE AN ADMINISTRATOR WHO DIES ETC.
- SECTION 185ZC OFFICIAL RECEIVER MAY APPOINT A NEW ADMINISTRATOR
- SECTION 185ZCA COURT MAY ORDER ADMINISTRATOR TO MAKE GOOD LOSS CAUSED BY BREACH OF DUTY
- SECTION 185ZCB CONTROL OF ADMINISTRATORS BY THE COURT
- SECTION 185ZD REMUNERATION OF ADMINISTRATOR
- SECTION 186 (REPEALED)
- Division 8 - Registration of debt agreement administrators etc.
- Subdivision A - Introduction
- SECTION 186A BASIC ELIGIBILITY TEST
- Subdivision B - Registration of debt agreement administrators
- SECTION 186B APPLICATION FOR REGISTRATION AS A DEBT AGREEMENT ADMINISTRATOR
- SECTION 186C INSPECTOR-GENERAL MUST APPROVE OR REFUSE TO APPROVE REGISTRATION APPLICATION
- SECTION 186D REGISTRATION AS A DEBT AGREEMENT ADMINISTRATOR
- SECTION 186E DURATION OF REGISTRATION AS A DEBT AGREEMENT ADMINISTRATOR
- SECTION 186F CONDITIONS OF REGISTRATION - GENERAL
- SECTION 186G CONDITION OF REGISTRATION - COMPANIES
- SECTION 186H APPLICATION TO CHANGE OR REMOVE REGISTRATION CONDITIONS
- Subdivision BA - Insurance
- SECTION 186HA REGISTERED DEBT AGREEMENT ADMINISTRATOR TO MAINTAIN INSURANCE
- Subdivision C - Surrender and cancellation of registration as a debt agreement administrator
- SECTION 186J SURRENDER OF REGISTRATION AS A DEBT AGREEMENT ADMINISTRATOR
- SECTION 186K CANCELLATION OF AN INDIVIDUAL ' S REGISTRATION AS A DEBT AGREEMENT ADMINISTRATOR
- SECTION 186L CANCELLATION OF A COMPANY ' S REGISTRATION AS A DEBT AGREEMENT ADMINISTRATOR
- SECTION 186LA INSPECTOR-GENERAL MAY OBTAIN INFORMATION ABOUT DEBT AGREEMENT ADMINISTRATION TRUST ACCOUNTS
- SECTION 186LB ACCOUNT-FREEZING NOTICES - DEBT AGREEMENT ADMINISTRATION TRUST ACCOUNTS
- SECTION 186LC POWER OF COURT TO SET ASIDE ACCOUNT-FREEZING NOTICES
- SECTION 186LD JUDICIAL ENFORCEMENT OF ACCOUNT-FREEZING NOTICES
- SECTION 186LE PROTECTION OF BANK
- Subdivision D - Ineligibility of a person to act as a debt agreement administrator
- SECTION 186M INSPECTOR-GENERAL MAY DECLARE A PERSON INELIGIBLE TO ACT AS AN ADMINISTRATOR
- Subdivision E - Miscellaneous
- SECTION 186N RETURN OF CERTIFICATE OF REGISTRATION
- SECTION 186P CESSATION OF REGISTRATION AS A DEBT AGREEMENT ADMINISTRATOR - NO REFUND OF FEES
- SECTION 186Q GUIDELINES RELATING TO INSPECTOR-GENERAL ' S POWERS
- PART X - PERSONAL INSOLVENCY AGREEMENTS
- Division 1 - Interpretation
- SECTION 187 INTERPRETATION
- SECTION 187A APPLICATION OF PART TO JOINT DEBTORS
- Division 2 - Meeting of creditors and control of debtor ' s property
- SECTION 188 DEBTOR MAY AUTHORISE TRUSTEE OR SOLICITOR TO BE CONTROLLING TRUSTEE
- SECTION 188A PERSONAL INSOLVENCY AGREEMENT
- SECTION 188B INSPECTION OF STATEMENT OF DEBTOR ' S AFFAIRS
- SECTION 189 CONTROL OF PROPERTY OF A DEBTOR WHO HAS GIVEN AUTHORITY UNDER SECTION 188
- SECTION 189AAA STAY OF PROCEEDINGS RELATING TO CREDITOR ' S PETITION UNTIL MEETING OF DEBTOR ' S CREDITORS
- SECTION 189AA COURT ORDERS WITH EFFECT DURING PERIOD OF CONTROL OF DEBTOR ' S PROPERTY
- SECTION 189AB CHARGE OVER DEBTOR ' S PROPERTY THAT IS SUBJECT TO CONTROL
- SECTION 189AC RIGHT OF INDEMNITY FOR CONTROLLING TRUSTEE
- SECTION 189A REPORT AND DECLARATION BY CONTROLLING TRUSTEE
- SECTION 189B CONTROLLING TRUSTEE TO PREPARE STATEMENT ABOUT POSSIBLE RESOLUTIONS
- SECTION 190 DUTIES AND POWERS OF CONTROLLING TRUSTEE
- SECTION 190A ADDITIONAL DUTIES OF CONTROLLING TRUSTEE
- SECTION 191 PAYMENTS TO PROTECT PROPERTY ETC.
- SECTION 192 CHANGING THE CONTROLLING TRUSTEE
- SECTION 193 (OMITTED)
- SECTION 194 TIME FOR CALLING MEETING
- SECTION 194A STATEMENT OF AFFAIRS AND DECLARATIONS OF RELATIONSHIPS TO BE TABLED AT MEETING
- SECTION 195 DEBTOR TO ATTEND MEETING
- SECTION 196 PROCEDURE FOR CALLING AND HOLDING MEETING
- ### SECTIONS 197 - 203 (OMITTED)
- SECTION 204 RESOLUTION FOR PERSONAL INSOLVENCY AGREEMENT
- SECTION 205 DUTIES OF SHERIFF AFTER RECEIVING NOTICE OF SIGNING OF AUTHORITY UNDER SECTION 188 ETC.
- SECTION 205A DUTIES OF SHERIFF AFTER RECEIVING NOTICE OF EXECUTION OF PERSONAL INSOLVENCY AGREEMENT ETC.
- SECTION 206 COURT MAY ADJOURN HEARING OF PETITION WHERE CREDITORS HAVE PASSED RESOLUTION FOR PERSONAL INSOLVENCY AGREEMENT
- SECTION 207 SURRENDER OF SECURITY ETC. WHERE SECURED CREDITOR HAS VOTED
- SECTION 208 TERMINATION OF CONTROL OF DEBTOR ' S PROPERTY BY THE COURT
- SECTION 209 ACTS OF CONTROLLING TRUSTEE TO BIND TRUSTEE OF SUBSEQUENT PERSONAL INSOLVENCY AGREEMENT OR BANKRUPTCY
- SECTION 210 OTHER PROVISIONS ABOUT CONTROLLING TRUSTEE
- SECTION 211 OTHER PROVISIONS ABOUT DEBTOR
- ### FORMER SECTIONS 211 - 212B (OMITTED)
- Division 2A - (Repealed)
- ### SECTIONS 212C - 212F (OMITTED)
- Division 3 - General provisions
- SECTION 213 (REPEALED)
- SECTION 214 (REPEALED)
- SECTION 215 ELIGIBILITY TO BE TRUSTEE OF PERSONAL INSOLVENCY AGREEMENT
- SECTION 215A NOMINATION OR APPOINTMENT OF TRUSTEE OF PERSONAL INSOLVENCY AGREEMENT
- SECTION 215B (OMITTED)
- SECTION 216 EXECUTION OF PERSONAL INSOLVENCY AGREEMENTS
- SECTION 217 FAILURE OF TRUSTEE TO EXECUTE PERSONAL INSOLVENCY AGREEMENT
- SECTION 218 NOTICE OF EXECUTION OF PERSONAL INSOLVENCY AGREEMENT
- SECTION 219 TRUSTEE MAY SUE, BE SUED ETC. BY OFFICIAL NAME
- SECTION 220 FILLING OF VACANCY IN OFFICE OF TRUSTEE AFTER EXECUTION OF PERSONAL INSOLVENCY AGREEMENT ETC.
- SECTION 221 SEQUESTRATION ORDER WHERE DEBTOR FAILS TO ATTEND MEETING, EXECUTE PERSONAL INSOLVENCY AGREEMENT ETC.
- SECTION 221A VARIATION OF PERSONAL INSOLVENCY AGREEMENT
- SECTION 222 COURT MAY SET ASIDE PERSONAL INSOLVENCY AGREEMENT
- SECTION 222A TERMINATION OF PERSONAL INSOLVENCY AGREEMENT BY TRUSTEE
- SECTION 222B TERMINATION OF PERSONAL INSOLVENCY AGREEMENT BY CREDITORS
- SECTION 222C COURT MAY TERMINATE PERSONAL INSOLVENCY AGREEMENT
- SECTION 222D TERMINATION OF PERSONAL INSOLVENCY AGREEMENT BY OCCURRENCE OF TERMINATING EVENT
- SECTION 223 CALLING OF MEETINGS AFTER THE FIRST MEETING
- SECTION 223A RULES IN RELATION TO MEETINGS
- SECTION 224 VALIDITY OF ACTS IF PERSONAL INSOLVENCY AGREEMENT SET ASIDE OR TERMINATED
- SECTION 224A NOTICE THAT A PERSONAL INSOLVENCY AGREEMENT HAS BEEN SET ASIDE, VARIED OR TERMINATED
- SECTION 225 EVIDENCE OF PERSONAL INSOLVENCY AGREEMENT, RESOLUTION ETC.
- SECTION 226 CREDITOR MAY INSPECT PERSONAL INSOLVENCY AGREEMENT ETC.
- SECTION 227 STAMP DUTY NOT PAYABLE ON PERSONAL INSOLVENCY AGREEMENTS ETC. ENTERED INTO UNDER THIS PART
- SECTION 229 PERSONAL INSOLVENCY AGREEMENT TO BIND ALL CREDITORS
- SECTION 230 RELEASE OF PROVABLE DEBTS
- SECTION 231 APPLICATION OF GENERAL PROVISIONS OF ACT TO PERSONAL INSOLVENCY AGREEMENTS
- SECTION 231A RIGHT OF DEBTOR TO REMAINING PROPERTY
- SECTION 232 CERTIFICATE RELATING TO DISCHARGE OF OBLIGATIONS
- Division 4 - (Repealed)
- Division 5 - (Repealed)
- Division 6 - (Repealed)
- PART XI - ADMINISTRATION OF ESTATES OF DECEASED PERSONS IN BANKRUPTCY
- SECTION 244 ADMINISTRATION OF ESTATES UNDER THIS PART UPON PETITION BY CREDITOR
- SECTION 245 DEBTOR DYING AFTER PRESENTATION OF CREDITOR ' S PETITION
- SECTION 246 STATEMENT OF DECEASED DEBTOR ' S AFFAIRS ETC. BY LEGAL PERSONAL REPRESENTATIVE
- SECTION 247 PETITION FOR ADMINISTRATION UNDER THIS PART BY PERSON ADMINISTERING DECEASED PERSON ' S ESTATE
- SECTION 247A COMMENCEMENT OF ADMINISTRATION UNDER PART
- SECTION 248 APPLICATION OF ACT IN RELATION TO ADMINISTRATIONS UNDER THIS PART
- SECTION 248A CONSOLIDATION OF PROCEEDINGS
- SECTION 249 VESTING OF PROPERTY ON MAKING OF ORDER
- SECTION 249A CHARGE OVER PROPERTY OWNED IN JOINT TENANCY
- SECTION 250 EFFECT OF ORDER UNDER PART WHERE DECEASED PERSON WAS BANKRUPT
- SECTION 251 REAL PROPERTY DEVISED BY WILL THAT VESTS DIRECTLY IN DEVISEE TO FORM PART OF ESTATE IN CERTAIN CASES
- SECTION 252 LIABILITY OF LEGAL PERSONAL REPRESENTATIVE
- SECTION 252A ANNULMENT ON PAYMENT OF DEBTS
- SECTION 252B ANNULMENT BY COURT
- SECTION 252C EFFECT OF ANNULMENT
- SECTION 253 (REPEALED)
- PART XIA - FARMERS ' DEBTS ASSISTANCE
- SECTION 253A INTERPRETATION
- SECTION 253B LAW OF STATE OR TERRITORY MAY BE PROCLAIMED
- SECTION 253C NOTICE ABOUT STAY UNDER PROCLAIMED LAW
- SECTION 253D (OMITTED)
- SECTION 253E RELEVANT AUTHORITY MAY APPLY FOR STAY OF PROCEEDINGS UNDER CERTAIN PETITIONS
- SECTION 253F RELEVANT AUTHORITY MAY BE HEARD ON APPLICATION RELATING TO DEBTOR ' S PETITION
- PART XII - UNCLAIMED DIVIDENDS OR MONEYS
- SECTION 254 PAYMENT OF UNCLAIMED MONEYS TO THE COMMONWEALTH
- PART XIII - EVIDENCE
- SECTION 255 RECORD OF PROCEEDINGS OR EVIDENCE
- SECTION 256 EVIDENCE OF MATTERS STATED IN NOTICES PUBLISHED IN GAZETTE
- SECTION 257 EVIDENCE OF PROCEEDINGS AT MEETINGS OF CREDITORS OR COMMITTEE OF INSPECTION
- SECTION 258 PRESUMPTION ABOUT DUE CONVENING OF MEETINGS ETC.
- ### SECTIONS 259 - 260 (OMITTED)
- SECTION 261 (REPEALED)
- SECTION 262 SWEARING OF AFFIDAVITS
- PART XIV - OFFENCES
- SECTION 263 CONCEALMENT ETC. OF PROPERTY ETC.
- SECTION 263A FALSE AFFIDAVITS
- SECTION 263B (REPEALED)
- SECTION 263C FALSE CLAIMS ABOUT A CREDITOR ' S ENTITLEMENT TO VOTE
- SECTION 264 (REPEALED)
- SECTION 264A FAILURE OF PERSON TO ATTEND BEFORE THE COURT ETC.
- SECTION 264B ARREST OF PERSON FAILING TO ATTEND BEFORE THE COURT ETC.
- SECTION 264C REFUSAL TO BE SWORN OR GIVE EVIDENCE ETC.
- SECTION 264D PREVARICATION OR EVASION IN THE COURSE OF EXAMINATION
- SECTION 264E OFFENCES IN RELATION TO REGISTRAR OR MAGISTRATE CONDUCTING AN EXAMINATION
- SECTION 265 FAILURE OF BANKRUPT OR DEBTOR TO DISCLOSE PROPERTY ETC.
- SECTION 265A OFFENCES RELATING TO EXERCISE OF POWERS UNDER SECTION 77A OR 130
- SECTION 266 DISPOSING OR CHARGING OF PROPERTY BY PERSON WHO BECOMES, OR HAS BECOME, A BANKRUPT
- SECTION 267 FALSE DECLARATION BY DEBTOR OR BANKRUPT
- SECTION 267A (REPEALED)
- SECTION 267B FAILURE OF PERSON TO PROVIDE INFORMATION
- SECTION 267C (REPEALED)
- SECTION 267D FAILURE OF PERSON TO ATTEND
- SECTION 267E ARREST OF PERSON FAILING TO ATTEND BEFORE OFFICIAL RECEIVER OR AUTHORISED OFFICER
- SECTION 267F REFUSAL TO BE SWORN OR GIVE EVIDENCE ETC.
- SECTION 267G PREVARICATION OR EVASION IN THE COURSE OF GIVING EVIDENCE
- SECTION 268 OFFENCES IN RELATION TO PERSONAL INSOLVENCY AGREEMENTS
- SECTION 268A (REPEALED)
- SECTION 269 BANKRUPT OR DEBTOR WHO IS A PARTY TO A DEBT AGREEMENT OBTAINING CREDIT ETC. WITHOUT DISCLOSING BANKRUPTCY OR DEBT AGREEMENT
- SECTION 270 FAILURE TO KEEP PROPER BOOKS OF ACCOUNT
- SECTION 271 GAMBLING OR HAZARDOUS SPECULATIONS
- SECTION 272 LEAVING AUSTRALIA WITH INTENT TO DEFEAT CREDITORS ETC.
- SECTION 273 TRIAL OF OFFENCES CONSTITUTED BY REFUSAL, FAILURE OR OMISSION TO ACT
- SECTION 274 (REPEALED)
- SECTION 275 CRIMINAL LIABILITY NOT AFFECTED BY DISCHARGE ETC.
- SECTION 276 TRUSTEE ACTING UNDER A PERSONAL INSOLVENCY AGREEMENT THAT HAS BEEN SET ASIDE
- SECTION 277 PUNISHMENT OF CONTEMPT OF COURT
- SECTION 277A KEEPING OF BOOKS IN RESPECT OF PERIOD OF BANKRUPTCY
- SECTION 277B INFRINGEMENT NOTICES FOR OFFENCES
- PART XV - PROVISIONS RELATING TO THE BANKRUPTCY (ESTATE CHARGES) ACT 1997
- SECTION 278 INTERPRETATION
- SECTION 279 ADMINISTRATION OF, AND POWERS AND FUNCTIONS IN RELATION TO, THE CHARGES ACTS
- SECTION 280 DEFERRED PAYMENT OF INTEREST CHARGE OR REALISATIONS CHARGE
- SECTION 281 LATE PAYMENT PENALTY - INTEREST CHARGE AND REALISATIONS CHARGE
- SECTION 282 EXTENSION OF TIME FOR PAYMENT - INTEREST CHARGE AND REALISATIONS CHARGE
- SECTION 283 REMISSION OF INTEREST CHARGE, REALISATIONS CHARGE AND LATE PAYMENT PENALTY
- SECTION 284 RECOVERY OF INTEREST CHARGE, REALISATIONS CHARGE AND LATE PAYMENT PENALTY
- SECTION 285 PAYMENTS BY CHEQUE OR PAYMENT ORDER
- SECTION 286 REGULATIONS MAY DEAL WITH OTHER MATTERS
- ### SECTIONS 287 - 300 (OMITTED)
- PART XVI - MISCELLANEOUS
- SECTION 301 CERTAIN PROVISIONS IN CONTRACTS ETC. TO BE VOID
- SECTION 302 CERTAIN PROVISIONS IN BILLS OF SALE ETC. TO BE VOID
- SECTION 302A CERTAIN PROVISIONS IN GOVERNING RULES OF SUPERANNUATION FUNDS AND APPROVED DEPOSIT FUNDS TO BE VOID
- SECTION 302AB CERTAIN PROVISIONS IN RSA ' S TERMS AND CONDITIONS TO BE VOID
- SECTION 302B CERTAIN PROVISIONS IN TRUST DEEDS VOID
- SECTION 303 APPLICATIONS TO COURT
- SECTION 304 PARTS OF DOLLAR TO BE DISREGARDED IN DETERMINING MAJORITY IN VALUE OF CREDITORS ETC.
- SECTION 304A INDEXATION
- SECTION 305 PAYMENT OF EXPENSES BY COMMONWEALTH
- SECTION 306 FORMAL DEFECT NOT TO INVALIDATE PROCEEDINGS
- SECTION 306A PROTECTION OF REGISTRARS, MAGISTRATES ETC. IN RELATION TO EXAMINATIONS
- SECTION 306B PROTECTION IN RESPECT OF REPORTS
- SECTION 306C (REPEALED)
- SECTION 307 PROCEEDINGS IN FIRM NAME
- SECTION 308 REPRESENTATION OF CORPORATION ETC.
- SECTION 309 SERVICE OF NOTICES ETC.
- SECTION 310 (OMITTED)
- SECTION 311 STAMP DUTY NOT PAYABLE ON TRUSTEE ' S CHEQUES OR RECEIPTS
- SECTION 312 RETURN OR DESTRUCTION OF OLD ACCOUNTS AND RECORDS
- SECTION 313 AUDIT OF ACCOUNTS AND RECORDS OF THE OFFICIAL TRUSTEE AND THE OFFICIAL RECEIVERS
- SECTION 314 (OMITTED)
- SECTION 315 REGULATIONS
- SECTION 316 LEGISLATIVE INSTRUMENTS DETERMINING FEES
- SCHEDULE 1 - ACTS REPEALED
- SCHEDULE 2 - INSOLVENCY PRACTICE SCHEDULE (BANKRUPTCY)
- PART 1 - INTRODUCTION
- Division 1 - Introduction
- SECTION 1-1 OBJECT OF THIS SCHEDULE
- SECTION 1-5 SIMPLIFIED OUTLINE OF THIS SCHEDULE
- Division 5 - Definitions
- Subdivision A - Introduction
- SECTION 5-1 SIMPLIFIED OUTLINE OF THIS DIVISION
- Subdivision B - The Dictionary
- SECTION 5-5 THE DICTIONARY
- Subdivision C - Other definitions
- SECTION 5-10 MEANING OF CURRENT CONDITIONS
- SECTION 5-15 MEANING OF REGULATED DEBTOR
- SECTION 5-16 MEANING OF REGULATED DEBTOR ' S ESTATE
- SECTION 5-20 MEANING OF TRUSTEE OF A REGULATED DEBTOR ' S ESTATE
- SECTION 5-25 REFERENCES TO THE TRUSTEE OF A REGULATED DEBTOR ' S ESTATE
- SECTION 5-30 PERSONS WITH A FINANCIAL INTEREST IN THE ADMINISTRATION OF A REGULATED DEBTOR ' S ESTATE
- Division 6 - Application of this Schedule to Official Trustee
- SECTION 6-1 SCHEDULE GENERALLY DOES NOT APPLY TO THE OFFICIAL TRUSTEE
- PART 2 - REGISTERING AND DISCIPLINING PRACTITIONERS
- Division 10 - Introduction
- SECTION 10-1 SIMPLIFIED OUTLINE OF THIS PART
- SECTION 10-5 WORKING COOPERATIVELY WITH ASIC
- Division 15 - Register of trustees
- SECTION 15-1 REGISTER OF TRUSTEES
- Division 20 - Registering trustees
- Subdivision A - Introduction
- SECTION 20-1 SIMPLIFIED OUTLINE OF THIS DIVISION
- Subdivision B - Registration
- SECTION 20-5 APPLICATION FOR REGISTRATION
- SECTION 20-10 INSPECTOR-GENERAL MAY CONVENE A COMMITTEE TO CONSIDER
- SECTION 20-15 INSPECTOR-GENERAL MUST REFER APPLICATIONS TO A COMMITTEE
- SECTION 20-20 COMMITTEE TO CONSIDER APPLICATIONS
- SECTION 20-25 COMMITTEE TO REPORT
- SECTION 20-30 REGISTRATION
- SECTION 20-35 CONDITIONS IMPOSED ON ALL REGISTERED TRUSTEES OR A CLASS OF REGISTERED TRUSTEES
- Subdivision C - Varying etc. conditions of registration
- SECTION 20-40 APPLICATION TO VARY ETC. CONDITIONS OF REGISTRATION
- SECTION 20-45 INSPECTOR-GENERAL MAY CONVENE A COMMITTEE TO CONSIDER APPLICATIONS
- SECTION 20-50 INSPECTOR-GENERAL MUST REFER APPLICATIONS TO A COMMITTEE
- SECTION 20-55 COMMITTEE TO CONSIDER APPLICATIONS
- SECTION 20-60 COMMITTEE TO REPORT
- SECTION 20-65 COMMITTEE ' S DECISION GIVEN EFFECT
- Subdivision D - Renewal
- SECTION 20-70 APPLICATION FOR RENEWAL
- SECTION 20-75 RENEWAL
- Subdivision E - Offences relating to registration
- SECTION 20-80 FALSE REPRESENTATION THAT A PERSON IS A REGISTERED TRUSTEE
- Division 25 - Insurance
- SECTION 25-1 REGISTERED TRUSTEES TO MAINTAIN INSURANCE
- Division 30 - Annual trustee returns
- SECTION 30-1 ANNUAL TRUSTEE RETURNS
- Division 35 - Notice requirements
- SECTION 35-1 NOTICE OF SIGNIFICANT EVENTS
- SECTION 35-5 NOTICE OF OTHER EVENTS
- Division 40 - Disciplinary and other action
- Subdivision A - Introduction
- SECTION 40-1 SIMPLIFIED OUTLINE OF THIS DIVISION
- Subdivision B - Direction to comply
- SECTION 40-5 REGISTERED TRUSTEE TO REMEDY FAILURE TO LODGE DOCUMENTS OR GIVE INFORMATION OR DOCUMENTS
- SECTION 40-10 REGISTERED TRUSTEE TO CORRECT INACCURACIES ETC.
- SECTION 40-15 DIRECTION NOT TO ACCEPT FURTHER APPOINTMENTS
- Subdivision C - Automatic cancellation
- SECTION 40-20 AUTOMATIC CANCELLATION
- Subdivision D - Inspector-General may suspend or cancel registration
- SECTION 40-25 INSPECTOR-GENERAL MAY SUSPEND REGISTRATION
- SECTION 40-30 INSPECTOR-GENERAL MAY CANCEL REGISTRATION
- SECTION 40-35 NOTICE OF SUSPENSION OR CANCELLATION
- Subdivision E - Disciplinary action by committee
- SECTION 40-40 INSPECTOR-GENERAL MAY GIVE A SHOW-CAUSE NOTICE
- SECTION 40-45 INSPECTOR-GENERAL MAY CONVENE A COMMITTEE
- SECTION 40-50 INSPECTOR-GENERAL MAY REFER MATTERS TO THE COMMITTEE
- SECTION 40-55 DECISION OF THE COMMITTEE
- SECTION 40-60 COMMITTEE TO REPORT
- SECTION 40-65 INSPECTOR-GENERAL MUST GIVE EFFECT TO THE COMMITTEE ' S DECISION
- Subdivision F - Lifting or shortening suspension
- SECTION 40-70 APPLICATION TO LIFT OR SHORTEN SUSPENSION
- SECTION 40-75 INSPECTOR-GENERAL MAY CONVENE A COMMITTEE TO CONSIDER APPLICATIONS
- SECTION 40-80 INSPECTOR-GENERAL MUST REFER APPLICATIONS TO A COMMITTEE
- SECTION 40-85 COMMITTEE TO CONSIDER APPLICATIONS
- SECTION 40-90 COMMITTEE TO REPORT
- SECTION 40-95 COMMITTEE ' S DECISION GIVEN EFFECT
- Subdivision G - Action initiated by industry body
- SECTION 40-100 NOTICE BY INDUSTRY BODIES OF POSSIBLE GROUNDS FOR DISCIPLINARY ACTION
- SECTION 40-105 NO LIABILITY FOR NOTICE GIVEN IN GOOD FAITH ETC.
- SECTION 40-110 MEANING OF INDUSTRY BODIES
- Division 45 - Court oversight of registered trustees
- SECTION 45-1 COURT MAY MAKE ORDERS IN RELATION TO REGISTERED TRUSTEES
- SECTION 45-5 COURT MAY MAKE ORDERS ABOUT COSTS
- Division 50 - Committees under this Part
- SECTION 50-1 SIMPLIFIED OUTLINE OF THIS DIVISION
- SECTION 50-5 PRESCRIBED BODY APPOINTING A PERSON TO A COMMITTEE
- SECTION 50-10 MINISTER APPOINTING A PERSON TO A COMMITTEE
- SECTION 50-15 SINGLE COMMITTEE MAY CONSIDER MORE THAN ONE MATTER
- SECTION 50-20
- SECTION 50-25 PROCEDURE AND OTHER RULES RELATING TO COMMITTEES
- SECTION 50-30 REMUNERATION OF COMMITTEE MEMBERS
- SECTION 50-35 COMMITTEE MUST ONLY USE INFORMATION ETC. FOR PURPOSES FOR WHICH DISCLOSED
- PART 3 - GENERAL RULES RELATING TO ESTATE ADMINISTRATIONS
- Division 55 - Introduction
- SECTION 55-1 SIMPLIFIED OUTLINE OF THIS PART
- Division 60 - Remuneration and other benefits received by the trustee
- Subdivision A - Introduction
- SECTION 60-1 SIMPLIFIED OUTLINE OF THIS DIVISION
- Subdivision B - Remuneration of trustees
- SECTION 60-5 TRUSTEE ' S REMUNERATION
- SECTION 60-10 REMUNERATION DETERMINATIONS - CREDITORS OR COMMITTEE OF INSPECTION
- SECTION 60-11 REMUNERATION DETERMINATIONS - INSPECTOR-GENERAL
- SECTION 60-12 REMUNERATION DETERMINATIONS - GENERAL RULES
- SECTION 60-15 MAXIMUM DEFAULT AMOUNT
- Subdivision E - Duties of trustees relating to remuneration and benefits etc.
- SECTION 60-20 TRUSTEE MUST NOT DERIVE PROFIT OR ADVANTAGE FROM THE ADMINISTRATION OF THE ESTATE
- SECTION 60-21 INDUCEMENTS TO BE APPOINTED AS TRUSTEE
- SECTION 60-26 PAYMENTS IN RESPECT OF PERFORMANCE BY THIRD PARTIES
- Division 65 - Funds handling
- SECTION 65-1 SIMPLIFIED OUTLINE OF THIS DIVISION
- SECTION 65-5 TRUSTEE MUST PAY ALL MONEY INTO THE ADMINISTRATION ACCOUNT
- SECTION 65-10 ADMINISTRATION ACCOUNTS
- SECTION 65-15 TRUSTEE MUST NOT PAY OTHER MONEY INTO THE ADMINISTRATION ACCOUNT
- SECTION 65-20 CONSEQUENCES FOR FAILURE TO PAY MONEY INTO ADMINISTRATION ACCOUNT
- SECTION 65-25 PAYING MONEY OUT OF ADMINISTRATION ACCOUNT
- SECTION 65-31 INTEREST ON ADMINISTRATION ACCOUNT
- SECTION 65-32 RECONCILIATION OF ADMINISTRATION ACCOUNT
- SECTION 65-40 HANDLING SECURITIES
- SECTION 65-45 HANDLING OF MONEY AND SECURITIES - COURT DIRECTIONS
- SECTION 65-46 REVIEW OF PAYMENTS TO THIRD PARTIES
- SECTION 65-50 RULES IN RELATION TO CONSEQUENCES FOR FAILURE TO COMPLY WITH THIS DIVISION
- Division 70 - Information
- Subdivision A - Introduction
- SECTION 70-1 SIMPLIFIED OUTLINE OF THIS DIVISION
- Subdivision B - Annual administration return
- SECTION 70-5 ANNUAL ADMINISTRATION RETURN
- Subdivision C - Record-keeping
- SECTION 70-6 SUBDIVISION APPLIES TO THE OFFICIAL TRUSTEE
- SECTION 70-10 ADMINISTRATION BOOKS
- SECTION 70-11 TRUSTEE ' S BOOKS WHEN TRADING
- SECTION 70-15 AUDIT OF ADMINISTRATION BOOKS - INSPECTOR-GENERAL
- SECTION 70-20 AUDIT OF ADMINISTRATION BOOKS - ON ORDER OF THE COURT
- SECTION 70-25 TRUSTEE TO COMPLY WITH AUDITOR REQUIREMENTS
- SECTION 70-30 TRANSFER OF BOOKS TO NEW TRUSTEE
- SECTION 70-35 RETENTION, RETURN OR DESTRUCTION OF BOOKS
- SECTION 70-36 RETURN OR DESTRUCTION OF IRRELEVANT BOOKS
- Subdivision D - Giving information etc. to creditors and others
- SECTION 70-37 SUBDIVISION APPLIES TO THE OFFICIAL TRUSTEE
- SECTION 70-40 RIGHT OF CREDITORS TO REQUEST INFORMATION ETC. FROM TRUSTEE
- SECTION 70-45 RIGHT OF INDIVIDUAL CREDITOR TO REQUEST INFORMATION ETC. FROM TRUSTEE
- SECTION 70-50 REPORTING TO CREDITORS
- Subdivision E - Other requests for information etc.
- SECTION 70-51 SUBDIVISION APPLIES TO THE OFFICIAL TRUSTEE
- SECTION 70-55 COMMONWEALTH MAY REQUEST INFORMATION ETC.
- SECTION 70-56 RIGHT OF REGULATED DEBTOR TO REQUEST INFORMATION ETC. FROM TRUSTEE
- Subdivision F - Reporting to the Inspector-General
- SECTION 70-60 INSOLVENCY PRACTICE RULES MAY PROVIDE FOR REPORTING TO INSPECTOR-GENERAL
- Subdivision G - Trustee may be compelled to comply with requests for information etc.
- SECTION 70-65 APPLICATION OF THIS SUBDIVISION
- SECTION 70-70 INSPECTOR-GENERAL MAY DIRECT TRUSTEE TO COMPLY WITH THE REQUEST FOR RELEVANT MATERIAL
- SECTION 70-75 INSPECTOR-GENERAL MUST NOTIFY TRUSTEE BEFORE GIVING A DIRECTION UNDER SECTION 70-70
- SECTION 70-80 INSPECTOR-GENERAL MUST NOT DIRECT TRUSTEE TO GIVE THE RELEVANT MATERIAL IF TRUSTEE ENTITLED NOT TO COMPLY WITH THE REQUEST
- SECTION 70-85 INSPECTOR-GENERAL MAY IMPOSE CONDITIONS ON USE OF THE RELEVANT MATERIAL
- SECTION 70-90 COURT MAY ORDER RELEVANT MATERIAL TO BE GIVEN
- Division 75 - Meetings of creditors
- SECTION 75-1 SIMPLIFIED OUTLINE OF THIS DIVISION
- SECTION 75-2 DIVISION APPLIES TO THE OFFICIAL TRUSTEE
- SECTION 75-5 OTHER OBLIGATIONS TO CONVENE MEETINGS NOT AFFECTED
- SECTION 75-10 TRUSTEE MAY CONVENE MEETINGS
- SECTION 75-15 TRUSTEE MUST CONVENE MEETING IN CERTAIN CIRCUMSTANCES
- SECTION 75-20 TRUSTEE MUST CONVENE MEETING IF REQUIRED BY THE INSPECTOR-GENERAL
- SECTION 75-25 TRUSTEE ' S REPRESENTATIVE AT MEETINGS
- SECTION 75-30 INSPECTOR-GENERAL MAY ATTEND MEETINGS
- SECTION 75-35 COMMONWEALTH MAY ATTEND CERTAIN MEETINGS ETC.
- SECTION 75-40 PROPOSALS TO CREDITORS WITHOUT MEETING
- SECTION 75-50 RULES RELATING TO MEETINGS
- Division 80 - Committees of inspection
- SECTION 80-1 SIMPLIFIED OUTLINE OF THIS DIVISION
- SECTION 80-2 DIVISION APPLIES TO THE OFFICIAL TRUSTEE
- SECTION 80-5 APPLICATION OF SECTIONS 80-10 TO 80-25
- SECTION 80-10 COMMITTEE OF INSPECTION
- SECTION 80-15 APPOINTMENT AND REMOVAL OF MEMBERS OF COMMITTEE OF INSPECTION BY CREDITORS GENERALLY
- SECTION 80-20 APPOINTMENT OF COMMITTEE MEMBER BY LARGE CREDITOR
- SECTION 80-25 APPOINTMENT OF COMMITTEE MEMBER BY EMPLOYEES
- SECTION 80-30 COMMITTEES OF INSPECTION - PROCEDURES ETC.
- SECTION 80-35 FUNCTIONS OF COMMITTEE OF INSPECTION
- SECTION 80-40 COMMITTEE OF INSPECTION MAY REQUEST INFORMATION ETC.
- SECTION 80-45 REPORTING TO COMMITTEE OF INSPECTION
- SECTION 80-50 COMMITTEE OF INSPECTION MAY OBTAIN SPECIALIST ADVICE OR ASSISTANCE
- SECTION 80-55 OBLIGATIONS OF MEMBERS OF COMMITTEE OF INSPECTION
- SECTION 80-60 OBLIGATIONS OF CREDITOR APPOINTING A MEMBER OF COMMITTEE OF INSPECTION
- SECTION 80-65 THE INSPECTOR-GENERAL MAY ATTEND COMMITTEE MEETINGS
- SECTION 80-70 THE COURT MAY INQUIRE INTO CONDUCT OF THE COMMITTEE
- Division 85 - Directions by creditors
- SECTION 85-1 SIMPLIFIED OUTLINE OF THIS DIVISION
- SECTION 85-2 DIVISION APPLIES TO THE OFFICIAL TRUSTEE
- SECTION 85-5 TRUSTEE TO HAVE REGARD TO DIRECTIONS GIVEN BY CREDITORS
- Division 90 - Review of the administration of a regulated debtor ' s estate
- Subdivision A - Introduction
- SECTION 90-1 SIMPLIFIED OUTLINE OF THIS DIVISION
- Subdivision B - Court powers to inquire and make orders
- SECTION 90-2 SUBDIVISION APPLIES TO THE OFFICIAL TRUSTEE
- SECTION 90-5 COURT MAY INQUIRE ON OWN INITIATIVE
- SECTION 90-10 COURT MAY INQUIRE ON APPLICATION OF CREDITORS ETC.
- SECTION 90-15 COURT MAY MAKE ORDERS IN RELATION TO ESTATE ADMINISTRATION
- SECTION 90-20 APPLICATION FOR COURT ORDER
- Subdivision C - Review by Inspector-General
- SECTION 90-21 REVIEW BY INSPECTOR-GENERAL
- SECTION 90-22 RULES ABOUT REVIEWS
- Subdivision D - Removal by creditors
- SECTION 90-30 SUBDIVISION APPLIES TO THE OFFICIAL TRUSTEE
- SECTION 90-35 REMOVAL BY CREDITORS
- PART 4 - OTHER MATTERS
- Division 95 - Introduction
- SECTION 95-1 SIMPLIFIED OUTLINE OF THIS PART
- Division 96 - Administrative review
- SECTION 96-1 REVIEW BY THE ADMINISTRATIVE REVIEW TRIBUNAL
- Division 100 - Other matters
- SECTION 100-1 DIVISION APPLIES TO THE OFFICIAL TRUSTEE
- SECTION 100-5 TRUSTEE MAY ASSIGN RIGHT TO SUE UNDER THIS ACT
- Division 105 - The Insolvency Practice Rules
- SECTION 105-1 THE INSOLVENCY PRACTICE RULES
- SCHEDULE 3 - (REPEALED)
- SCHEDULE 4 - (REPEALED)
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