Bankruptcy Legislation Amendment (Debt Agreements) Act 2007 (44 of 2007)

Schedule 2 Amendments commencing on 1 July 2007

Repeal the section, substitute:

185H Making a debt agreement

(1) This section sets out the 2 situations in which a debt agreement is made.

Unconditional debt agreement proposals

(2) If:

(a) a debt agreement proposal is accepted; and

(b) the proposal is not expressed to be subject to the occurrence of a specified event within a specified period after the proposal is accepted;

then:

(c) the Official Receiver must enter details of the debt agreement concerned on the National Personal Insolvency Index; and

(d) the debt agreement is made in the terms of the proposal when those details are so entered.

Note: Section 185EC explains how a proposal is accepted.

Conditional debt agreement proposals

(3) If:

(a) a debt agreement proposal is accepted; and

(b) the proposal is expressed to be subject to the occurrence of a specified event within a specified period after the proposal is accepted; and

then:

(d) the Official Receiver must enter details of the debt agreement concerned on the National Personal Insolvency Index; and

(e) the debt agreement is made in the terms of the proposal when those details are so entered.

Note: Section 185EC explains how a proposal is accepted.