S 64ZD repealed by No 11 of 2016, s 3 and Sch 1 item 24, applicable in relation to the administration of regulated debtors
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estates on and after 1 September 2017. S 64ZD formerly read:
SECTION 64ZD PROVISIONS RELATING TO MOTIONS AND AMENDMENTS OF MOTIONS
64ZD(1)
Subject to the right of the trustee to propose a motion relating to the trustee
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s remuneration under subsection
64U(6A)
, the only persons who may propose motions, or amendments of motions, at a meeting are the creditors and their representatives.
History
S 64ZD(1) amended by No 106 of 2010, Sch 1 item 8, effective 1 December 2010, by substituting
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subsection 64U(6A)
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for
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subsection 64U(4)
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.
No 106 of 2010, Sch 1[17] contains the following application provision:
17 Application
The amendments made by this Schedule apply in relation to bankruptcies for which the date of the bankruptcy is on or after the day on which this item commences.
S 64ZD(1) inserted by No 9 of 1992, s 12.
64ZD(2)
A motion or amendment does not need to be seconded.
History
S 64ZD(2) inserted by No 9 of 1992, s 12.
64ZD(3)
If a motion is proposed, the person presiding at the meeting must allow a reasonable time for debate on the motion and on any amendment proposed to the motion.
History
S 64ZD(3) inserted by No 9 of 1992, s 12.
64ZD(4)
After a reasonable time for debate has elapsed, the person presiding must:
(a)
if no amendment has been proposed
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put the motion to a vote; or
(b)
if an amendment or amendments have been proposed, put the amendment or amendments to a vote; and
(i)
if the amendment or amendments are defeated
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put the original motion to a vote; or
(ii)
if an amendment or amendments are passed
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put the original motion as amended to a vote.
History
S 64ZD(4) inserted by No 9 of 1992, s 12.
64ZD(5)
If a question arises as to the terms of a motion or amendment that is being put to a vote, the person presiding must read the motion or amendment to the meeting.