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 231A
RIGHT OF DEBTOR TO REMAINING PROPERTY
231A(1)
[Debtor
'
s entitlement]
The debtor to whom a personal insolvency agreement relates is entitled to any property remaining after payment in full of:
(a)
the costs, charges and expenses of the administration of the agreement; and
(b)
all provable debts; and
(c)
interest on interest-bearing provable debts.
231A(2)
[Court order]
The Court may make an order directing the trustee not to pay or transfer the property, or a specified part of the property, referred to in subsection (1), to the debtor if:
(a)
an application is made for an order under this subsection by a person mentioned in subsection (2A); and
(b)
the Court is satisfied that proceedings are pending under a proceeds of crime law; and
(c)
the Court is satisfied that property of the debtor may:
(i)
become subject to a forfeiture order or interstate forfeiture order made in the proceedings; or
(ii)
be required to satisfy a pecuniary penalty order or interstate pecuniary penalty order made in the proceedings.
History
S 231A(2) amended by No 174 of 2011, s 3 and Sch 2 item 148, by substituting para (a), effective 1 January 2012. For application provision, see note under s
12(1C)
. Para (a) formerly read:
(a)
the Director of Public Prosecutions, or a person who is entitled to apply for an interstate confiscation order under a corresponding law, applies to the Court for an order under this subsection; and
231A(2A)
For the purposes of paragraph (2)(a), the application may be made by:
(a)
in the case of pending proceedings in relation to a forfeiture order or a pecuniary penalty order under the
Proceeds of Crime Act 2002
-
the Commonwealth proceeds of crime authority that is, or that is proposed to be, the responsible authority for the application for the order under that Act; or
(b)
in the case of pending proceedings under a corresponding law
-
a person who is entitled to apply for an interstate confiscation order under the corresponding law.
History
S 231A(2A) inserted by No 174 of 2011, s 3 and Sch 2 item 149, effective 1 January 2012. For application provision, see note under s
12(1C)
.
231A(3)
[Court may vary or revoke order]
The Court, on application made to it, may vary or revoke an order made under subsection (2).
History
S 231A inserted by No 80 of 2004, s 3 and Sch 1 item 155, effective 1 December 2004. For transitional provisions, see note under Part X heading.