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 189A
REPORT AND DECLARATION BY CONTROLLING TRUSTEE
189A(1)
The controlling trustee must prepare a report:
(a)
summarising and commenting on the information about the debtor
'
s affairs that is available to the controlling trustee; and
(b)
stating whether the controlling trustee believes that the creditors
'
interests would be better served:
(i)
by accepting the debtor
'
s proposal for dealing with his or her affairs under this Part; or
(ii)
by the bankruptcy of the debtor; and
(c)
naming each creditor who was identified as a related entity of the debtor in the debtor
'
s statement of affairs.
[
CCH Note: Modification Declaration FRLI No F2021L00261
(
Bankruptcy Regulations 2021
: FRLI No F2021L00261, registered on 19 March 2021 and effective from 1 April 2021.)
Subsection 189A(1) of the Act is modified by substituting para (a):
(a)
summarising and commenting on the information about:
(i)
the joint estates of the joint debtors; and
(ii)
the separate estate of each joint debtor;
that is available to the controlling trustee; and
]
History
S 189A(1) amended by No 80 of 2004, s 3 and Sch 1 item 59, by substituting para (b) and (c) for para (b), effective 1 December 2004. For transitional provisions, see note under Part X heading. Para (b) formerly read:
(b)
if the debtor has given the controlling trustee a proposal for dealing with the debtor
'
s affairs under this Part
-
stating whether the controlling trustee believes that creditors
'
interests would be better served by accepting the proposal or by the bankruptcy of the debtor.
S 189A(1) inserted by No 119 of 1987, s 64(1); substituted by No 44 of 1996, Sch 1, Pt 1(335).
189A(2)
The trustee must:
(a)
give a copy of the report to the Official Receiver and to each of the creditors; and
(b)
keep a copy of the report.
History
S 189A(2) inserted by No 119 of 1987, s 64(1); substituted by No 44 of 1996, Sch 1, Pt 1(335).
Declaration of relationships
189A(3)
The controlling trustee must make a written declaration stating whether the debtor is a related entity of:
(a)
the controlling trustee; or
(b)
a related entity of the controlling trustee.
History
S 189A(3) inserted by No 80 of 2004, s 3 and Sch 1 item 60, effective 1 December 2004. For transitional provisions, see note under Part X heading.
Former s 189A(3) omitted by No 44 of 1996, Sch 1, Pt 1(335).
189A(4)
The controlling trustee must:
(a)
give a copy of the declaration to the Official Receiver; and
(b)
give a copy of the declaration to each of the creditors at the same time as the controlling trustee gives a copy of the subsection
(1)
report to each creditor; and
(c)
keep a copy of the declaration.
History
S 189A(4) inserted by No 80 of 2004, s 3 and Sch 1 item 60, effective 1 December 2004. For transitional provisions, see note under Part X heading.