Bankruptcy Act 1966
Where an order is made under section 244 or 245 for the administration of the estate of a deceased person under this Part, and there is a legal personal representative of the deceased person, the legal personal representative shall, within 28 days from the day on which he or she is notified of the making of the order:
(a) make out a statement of the deceased person ' s affairs and of his or her administration of the deceased person ' s estate; and
(b) give a copy of the statement to the Official Receiver.
Penalty: 25 penalty units.
Note:
See also section 277B (about infringement notices).
View history note
Hide history noteSubsection (1) is an offence of strict liability.
Note:
For strict liability , see section 6.1 of the Criminal Code .
(Omitted by No 44 of 1996, Sch 1, Pt 1(390).)
246(4) [Costs]
The cost of making out and filing such a statement shall be borne by the estate.
246(5) [Inspection of statement by creditor]A person who states in writing that he or she is a creditor of the estate may, without fee, and any other person may, on payment of the fee determined by the Minister by legislative instrument, inspect, personally or by an agent, the statement filed under this section in respect of a deceased person, and make copies of, or take extracts from, the statement.
If the trustee of the estate is a registered trustee, the Official Receiver must give the trustee a copy of the order and a copy of the statement of affairs.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
