Bankruptcy Act 1966

Pt IB heading inserted by No 119 of 1987, s 7.

S 7(1) amended by No 12 of 1980, s 4; No 44 of 1996, Sch 1, Pt 1(41).

S 7(1A) inserted by No 12 of 1980, s 4.

S 7(2)(b) amended by No 154 of 2020, s 3 and Sch 3 item 4, by substituting " or of a Territory " for " , or of a Territory of the Commonwealth " in para (b), effective 2 August 2021. No 154 of 2020, s 3 and Sch 3 items 13 - 17, contain the following application, saving and transitional provisions:

13 Definitions  
13
In this Part:

Commonwealth Bankruptcy Act
means the Bankruptcy Act 1966 , as amended by Division 1 of this Part.

Commonwealth Official Trustee
means the Official Trustee (within the meaning of the Commonwealth Bankruptcy Act).

Norfolk Island Bankruptcy Act
means the Bankruptcy Act 2006 (Norfolk Island).

Norfolk Island official trustee
means the official trustee (within the meaning of the Norfolk Island Bankruptcy Act, as in force immediately before the transition time).

transitional bankrupt
: see item 14.

transition time
means the commencement of this item.

14 Scope  
14
This Part applies in relation to a person (a transitional bankrupt ) if:
(a) a determination of bankruptcy was made against the person under the Norfolk Island Bankruptcy Act; and
(b) immediately before the transition time, both:

(i) the person had not obtained a certificate of discharge of that bankruptcy; and

(ii) the determination had not been annulled.

15 Transitional - general  
Application of amendments

15(1)
The amendments of the Commonwealth Bankruptcy Act made by Division 1 of this Part apply in relation to a transitional bankrupt.

How the Commonwealth Bankruptcy Act applies

15(2)
Anything done before the transition time by a person mentioned in column 1 of an item of the following table under or for the purposes of a provision of the Norfolk Island Bankruptcy Act in relation to a transitional bankrupt is taken to have been done by the person mentioned in column 2 of the item under, or for the purposes of, the corresponding provision (if any) of the Commonwealth Bankruptcy Act.

Persons acting under or for the purposes of bankruptcy Acts
Item	Column 1 Norfolk Island		Column 2 Commonwealth
1	A Judge (or Judges) of the Supreme Court of Norfolk Island	A Judge (or Judges) of the Federal Court of Australia
2	The registrar (within the meaning of the Norfolk Island Bankruptcy Act, as in force immediately before the transition time)	Whichever of the following persons has the function of doing things of that kind under the Commonwealth Bankruptcy Act:
		(a)	the Chief Executive Officer and Principal Registrar of the Federal Court of Australia;
		(b)	the Official Receiver;
		(c)	any other person.
3	The Norfolk Island official trustee	The Commonwealth Official Trustee
4	Any other person	A person who has the function of doing things of that kind under the Commonwealth Bankruptcy Act

Determinations of bankruptcy

15(3)
Without limiting subitem (2) of this item, the Commonwealth Bankruptcy Act applies to a determination of bankruptcy under the Norfolk Island Bankruptcy Act in relation to a transitional bankrupt:
(a) as if the determination of bankruptcy were a sequestration order made under the Commonwealth Bankruptcy Act; and
(b) as if the date of the bankruptcy, in relation to the transitional bankrupt, for the purposes of the Commonwealth Bankruptcy Act, were the date of the order of the determination of bankruptcy.

15(4)
For the purposes of the application of the Commonwealth Bankruptcy Act to a determination of bankruptcy as mentioned in subitem (3) of this item, the Official Receiver must enter the following information on the National Personal Insolvency Index:
(a) particulars of the transitional bankrupt, to the extent that these are disclosed on the determination;
(b) the date of the bankruptcy;
(c) the name of the petitioning creditor;
(d) the name of the transitional bankrupt ' s trustee;
(e) the date the transitional bankrupt provided the statement required for the purposes of paragraph 51(b) of the Norfolk Island Bankruptcy Act;
(f) any other available information required to be entered on that Index, in relation to a sequestration order, by the Commonwealth Bankruptcy Act and regulations made under the Commonwealth Bankruptcy Act.

Note:

When this item commenced, regulation 13.03 of the Bankruptcy Regulations 1996 and Schedule 8 to those regulations required certain information to be entered on that Index in relation to a sequestration order.

15(5)
On written notice from the Official Receiver, either or both of the following must provide information required under subitem (4) to be entered on the National Personal Insolvency Index:
(a) the Registrar of the Norfolk Island Supreme Court;
(b) the Norfolk Island official trustee.

Discharge from bankruptcy

15(6)
A transitional bankrupt is discharged from bankruptcy at the transition time if the date of the determination of the bankruptcy occurred 3 years or more before the transition time.
16 Transitional - transfer of records  
16
The Norfolk Island official trustee must, as soon as practicable after the transition time, give to the Commonwealth Official Trustee:
(a) any accounts in relation to a transitional bankrupt transmitted to the Norfolk Island official trustee before the transition time under section 12 of the Norfolk Island Bankruptcy Act; and
(b) any books in relation to a transitional bankrupt kept by the Norfolk Island official trustee under section 16 of the Norfolk Island Bankruptcy Act immediately before the transition time;
(c) a copy of the statement (if any) delivered before the transition time by a transitional bankrupt as required by paragraph 51(b) of the Norfolk Island Bankruptcy Act in compliance with an order of determination of bankruptcy. 17 Transitional rules  
17(1)
The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) in relation to:
(a) the amendments of the Bankruptcy Act 1966 made by Division 1 of this Part; and
(b) if the Norfolk Island Bankruptcy Act is repealed - the repeal of that Act.

Note:

The Norfolk Island Bankruptcy Act may be repealed by an amendment of the Norfolk Island Continued Laws Ordinance 2015 .

17(2)
To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.

17(3)
This Part (apart from this item) has effect subject to the rules.

S 7(2)(b) substituted by No 119 of 1987, s 7(a).

S 7(3) amended by No 119 of 1987, s 7(b); No 44 of 1996, Sch 1, Pt 1(42).