Bankruptcy Act 1966

Pt IX - Debt agreements inserted by No 44 of 1996, Sch 1, Pt 1(320).

Pt IX - Small Bankruptcies repealed by No 12 of 1980, s 99.

Div 1 heading substituted by No 44 of 2007, s 3 and Sch 2 item 5, applicable in relation to:

(a) a debt agreement proposal given to the Official Receiver on or after 1 July 2007; and

(b) a debt agreement made as the result of the acceptance of a debt agreement proposal given to the Official Receiver on or after 1 July 2007.

The heading formerly read:

Division 1 - Definitions and procedures

S 185A inserted by No 118 of 2018, s 3 and Sch 3 item 2, effective 27 June 2019.

S 185A repealed by No 44 of 2007, s 3 and Sch 2 item 16, applicable in relation to:

(a) a debt agreement proposal given to the Official Receiver on or after 1 July 2007; and

(b) a debt agreement made as the result of the acceptance of a debt agreement proposal given to the Official Receiver on or after 1 July 2007.

S 185A formerly read:

185A PROCEDURES FOR DEALING WITH PROPOSALS  
185A(1) Processing of proposals by the Official Receiver.  

Whenever the Official Receiver is required by this Part to process a proposal relating to a debt agreement, the Official Receiver must:

(a) call a meeting of the affected creditors who are known to the Official Receiver to allow those creditors to consider the proposal; or

(b) write to each of the affected creditors who is known to the Official Receiver, asking each affected creditor to indicate whether the proposal should be accepted.

185A(2) Meetings to deal with a proposal.  

Division 5 of Part IV, with any modifications prescribed by the regulations, applies in relation to any meeting called by the Official Receiver under paragraph (1)(a) as if:

(a) the debtor were a bankrupt; and

(b) the Official Receiver were the trustee of the debtor ' s estate in bankruptcy.

185A(3) Writing to creditors to deal with a proposal.  

When writing to each affected creditor under paragraph (1)(b) about a proposal, the Official Receiver must:

(a) explain the proposal; and

(b) ask the creditor to state in writing whether or not the proposal should be accepted; and

(c) inform the creditor of the person to whom the statement should be given and of the need to give the statement before the deadline.

S 185A amended by No 131 of 2002, s 3 and Sch 1 items 146 and 230, by substituting " Official Receiver " for " Official Trustee " (wherever occurring), effective 5 May 2003.

For transitional provision of No 131 of 2002, see note under s 185(2).

S 185A inserted by No 44 of 1996, Sch 1, Pt 1(320).