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 3
-
General provisions
SECTION 217
FAILURE OF TRUSTEE TO EXECUTE PERSONAL INSOLVENCY AGREEMENT
217(1)
Where a personal insolvency agreement is not executed, as required by section
216
, by the registered trustee, or a registered trustee, nominated in a resolution of a meeting of creditors under section
204
to be the trustee, or a trustee, as the case requires, of the agreement, a meeting of creditors called for the purpose by any creditor or the debtor may, by resolution, nominate any other registered trustee in the place of that registered trustee.
History
S 217(1) amended by No 11 of 2016, s 3 and Sch 1 item 77, by omitting
"
, in accordance with the regulations,
"
after
"
for the purpose
"
, applicable in relation to the administration of regulated debtors
'
estates on and after 1 September 2017.
S 217(1) amended by No 80 of 2004, s 3 and Sch 1 items 129 and 130, by substituting
"
personal insolvency agreement
"
for
"
deed of assignment or deed of arrangement
"
and substituting
"
the agreement
"
for
"
the deed
"
(wherever occurring), effective 1 December 2004. For transitional provisions, see note under Part X heading.
S 217(1) substituted by No 12 of 1980, s 114; amended by No 44 of 1996, Sch 1, Pt 1(362).
217(2)
If the agreement is not executed by the registered trustee so nominated within 7 days from the date on which the resolution was passed or within such further period as the Court, on application made before the expiration of that period of 7 days, allows, the Court may, upon application by a creditor, nominate any registered trustee who is prepared to accept the office to be trustee in the place of the registered trustee who did not execute the agreement as required by section
216
.
History
S 217(2) amended by No 80 of 2004, s 3 and Sch 1 item 130, by substituting
"
the agreement
"
for
"
the deed
"
(wherever occurring), effective 1 December 2004. For transitional provisions, see note under Part X heading.
S 217(2) substituted by No 12 of 1980, s 114; amended by No 44 of 1996, Sch 1, Pt 1(363).
217(3)
A registered trustee so nominated by the Court shall execute the agreement within 7 days from the date on which the trustee was so nominated or within such further period as the Court, on application made before the expiration of that period of 7 days, allows.
History
S 217(3) amended by No 80 of 2004, s 3 and Sch 1 item 130, by substituting
"
the agreement
"
for
"
the deed
"
(wherever occurring), effective 1 December 2004. For transitional provisions, see note under Part X heading.
S 217(3) substituted by No 12 of 1980, s 114.