Bankruptcy Legislation Amendment (Anti-avoidance) Act 2006 (33 of 2006)

Schedule 1   Amendments

Bankruptcy Act 1966

20   After section 139D

Insert:

139DA Order relating to property of natural person

If, on an application under section 139A for an order in relation to a respondent entity that is a natural person, the Court is satisfied that:

(a) during the examinable period, the entity acquired an estate in particular property as a direct or indirect result of financial contributions made by the bankrupt during that period; and

(b) the bankrupt used, or derived (whether directly or indirectly) a benefit from, the property at a time or times during the examinable period; and

(c) the entity still has the estate in the property;

the Court may make an order of a kind referred to in subsections 139D(2) and (3), whether or not the bankrupt has ever had an estate in the property.