Bankruptcy Act 1966
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Hide history noteWhile a debt agreement is in force and details of it are entered on the National Personal Insolvency Index, a creditor cannot:
(a) present a creditor ' s petition against the debtor; or
(b) proceed further with a creditor ' s petition that was presented against the debtor before details of the debt agreement were entered in the Index; or
(c) enforce a remedy against the debtor ' s person or property, or start or take a fresh step in legal proceedings, in respect of a provable debt.
Paragraph (1)(c) does not prevent a creditor from enforcing a remedy against the debtor or the debtor ' s property for a liability under one or more of the following:
(a) a maintenance agreement;
(b) a maintenance order;
(c) a proceeds of crime law.
While a debt agreement is in force and details of it are entered on the National Personal Insolvency Index:
(a) a sheriff must not take action, or further action, to execute, or sell property under, any process issued by a court to enforce payment of a provable debt owed by the debtor; and
(b) a person who is entitled under a law of the Commonwealth, or of a State or Territory, to retain or deduct money from money that is or will be owing or payable to the debtor must not retain or deduct money.
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