PART X
-
PERSONAL INSOLVENCY AGREEMENTS
History
Pt X heading substituted by No 80 of 2004, s 3 and Sch 1 item 44, effective 1 December 2004. No 80 of 2004, s 3 and Sch 1 items 212, 213 and 215 contained the following transitional provisions:
212 Transitional
-
pre-commencement deeds and compositions
(1)
For the purposes of this item, if a deed of assignment or a deed of arrangement was executed by a debtor and a trustee under Part X of the
Bankruptcy Act 1966
before 1 December 2004, the deed is a
pre-commencement deed
.
(2)
For the purposes of this item, if a composition was accepted before 1 December 2004 by a special resolution of a meeting of creditors under section 204 of the
Bankruptcy Act 1966
, the composition is a
pre-commencement composition
.
(3)
Despite the repeals and amendments made by Parts 1 and 2 of this Schedule:
(a)
the
Bankruptcy Act 1966
and regulations under that Act; and
(b)
the Acts amended by Part 2 of this Schedule;
continue to apply, in relation to:
(c)
a pre-commencement deed; and
(d)
a pre-commencement composition; and
(e)
any matter connected with, or arising out of:
(i)
a pre-commencement deed; or
(ii)
a pre-commencement composition;
as if those repeals had not happened and those amendments had not been made.
213 Transitional
-
pre-commencement authorities
(1)
For the purposes of this item, if:
(a)
an authority given by a debtor under section 188 of the
Bankruptcy Act 1966
became effective before 1 December 2004; and
(b)
as at 1 December 2004, none of the following had happened:
(i)
the execution by the debtor and the trustee of a deed of assignment under Part X of the
Bankruptcy Act 1966
;
(ii)
the execution by the debtor and the trustee of a deed of arrangement under Part X of the
Bankruptcy Act 1966
;
(iii)
the acceptance of a composition by a special resolution of a meeting of the debtor
'
s creditors under section 204 of the
Bankruptcy Act 1966
;
the authority is a
pre-commencement authority
.
(2)
Despite the repeals and amendments made by Parts 1 and 2 of this Schedule:
(a)
the
Bankruptcy Act 1966
and regulations under that Act; and
(b)
the Acts amended by Part 2 of this Schedule;
continue to apply, in relation to:
(c)
a pre-commencement authority; and
(d)
the control of the debtor
'
s property following a pre-commencement authority becoming effective; and
(e)
a meeting of the debtor
'
s creditors called under a pre-commencement authority; and
(f)
whichever of the following is applicable:
(i)
a deed of assignment executed after 1 December 2004 by the debtor and the trustee under Part X of the
Bankruptcy Act 1966
in accordance with a special resolution of such a meeting;
(ii)
a deed of arrangement executed after 1 December 2004 by the debtor and the trustee under Part X of the
Bankruptcy Act 1966
in accordance with a special resolution of such a meeting;
(iii)
a composition accepted after 1 December 2004 by a special resolution of such a meeting; and
(g)
any other matter connected with, or arising out of:
(i)
a pre-commencement authority; or
(ii)
a deed of assignment mentioned in subparagraph (f)(i); or
(iii)
a deed of arrangement mentioned in subparagraph (f)(ii); or
(iv)
a composition mentioned in subparagraph (f)(iii);
as if those repeals had not happened and those amendments had not been made.
…
215 Transitional
-
regulations
(1)
The regulations may make provision for matters of a transitional nature arising from the amendments made by Parts 1 and 2 of this Schedule.
(2)
The Governor-General may make regulations for the purposes of subitem (1).
Part X heading formerly read:
PART X
-
ARRANGEMENTS WITH CREDITORS WITHOUT SEQUESTRATION
Division 2
-
Meeting of creditors and control of debtor
'
s property
SECTION 204
RESOLUTION FOR PERSONAL INSOLVENCY AGREEMENT
204(1)
[Special resolution]
The creditors may, at a meeting called in pursuance of an authority under section
188
, by special resolution:
(a)
where the debtor
'
s property is subject to control under this Division, resolve that the debtor
'
s property be no longer subject to control under this Division;
(b)
require the debtor to execute a personal insolvency agreement; or
(c)
(Repealed by No 80 of 2004)
(d)
require the debtor to present a debtor
'
s petition within 7 days from the day on which the resolution was passed.
History
S 204(1) amended by No 80 of 2004, s 3 and Sch 1 item 66 by substituting para (b) for paras (b) and (c), effective 1 December 2004. For transitional provisions, see note under Pt X heading. Paras (b) and (c) formerly read:
(b)
require the debtor to execute a deed of assignment or a deed of arrangement under this Part;
(c)
accept a composition; or
204(2)
[Provisions to be specified]
A special resolution requiring a debtor to execute a personal insolvency agreement must specify the provisions to be included in the agreement.
History
S 204(2) and (3) substituted for s 204(2), (3) and (4) by No 80 of 2004, s 3 and Sch 1 item 67, effective 1 December 2004. For transitional provisions, see note under Pt X heading. S 204(2) formerly read:
204(2)
A special resolution requiring the debtor to execute a deed of arrangement under this Part may, subject to this Act, specify provisions to be included in the deed.
204(3)
[Trustees to be nominated]
If a special resolution requiring the debtor to execute a personal insolvency agreement has been passed, the creditors must, by resolution, nominate a trustee or trustees to be trustee or trustees of the agreement.
History
S 204(2) and (3) substituted for s 204(2), (3) and (4) by No 80 of 2004, s 3 and Sch 1 item 67, effective 1 December 2004. For transitional provisions, see note under Pt X heading. S 204(3) formerly read:
204(3)
A special resolution accepting a composition shall specify the terms of the composition.
204(4)
(Repealed by No 80 of 2004)
History
S 204(2) and (3) substituted for s 204(2), (3) and (4) by No 80 of 2004, s 3 and Sch 1 item 67, effective 1 December 2004. For transitional provisions, see note under Pt X heading. S 204(4) formerly read:
204(4)
Where a special resolution requiring the debtor to execute a deed of assignment or a deed of arrangement under this Part or accepting a composition has been passed, the creditors shall, by resolution, nominate a trustee or trustees to be trustee or trustees of the deed or composition.
S 204(4) amended by No 44 of 1996, Sch 1, Pt 1(348).
204(5)
[Creditors
'
powers to nominate]
The creditors may, in nominating a trustee or trustees for the purposes of subsection (3):
(a)
nominate 2 or more trustees to hold the office of trustee jointly, or jointly and severally; and
(b)
nominate trustees to be trustees of the personal insolvency agreement in succession in the event of one or more of the trustees nominated declining to act or ceasing for any reason to hold the office of trustee.
History
S 204(5) amended by No 80 of 2004, s 3 and Sch 1 items 68 and 69, by substituting
"
subsection (3)
"
for
"
subsection (4)
"
and substituting
"
personal insolvency agreement
"
for
"
deed or composition
"
in para (b), effective 1 December 2004. For transitional provisions, see note under Pt X heading.
S 204(5) amended by No 44 of 1996, Sch 1, Pt 1(348).
204(6)
[Vesting of property in joint trustees]
Property of the debtor that vests in 2 or more trustees of a personal insolvency agreement, whether nominated to hold the office jointly, or jointly and severally, vests in those trustees as joint tenants.
History
S 204(6) amended by No 80 of 2004, s 3 and Sch 1 item 70, by substituting
"
personal insolvency agreement
"
for
"
deed or composition
"
, effective 1 December 2004. For transitional provisions, see note under Pt X heading.
204(7)
[Interpretation]
In this section:
trustee
means registered trustee or Official Trustee.
History
S 204(7) amended by No 119 of 1987, s 72(1); substituted by No 44 of 1996, Sch 1, Pt 1(349).
204(8)
(Omitted by No 44 of 1996, Sch 1, Pt 1(349).)