Bankruptcy Act 1966
[ CCH Note: Act No 80 of 2004, s 3 and Sch 2 item 12 contained the following transitional provision, effective 1 December 2004:
the application is a
pre-commencement annulment application
. as if those repeals had not happened and those amendments had not been made.
12 Transitional
-
annulments
]
(1)
For the purposes of this item, if a composition or scheme of arrangement under Division 6 of Part IV of the
Bankruptcy Act 1966
was annulled before 1 December 2004, the annulment is a
pre-commencement annulment
.
(2)
For the purposes of this item, if:
(a)
an application is made before 1 December 2004 under subsection 75(4) of the
Bankruptcy Act 1966
for the annulment of a composition or scheme of arrangement; and
(b)
as at 1 December 2004, proceedings in relation to that application have not been finally determined;
(3)
Despite the repeals and amendments made by items 1, 2, 3, 7, 8, 9 and 10 of this Schedule and item 41 of Schedule 1, the
Bankruptcy Act 1966
and regulations under that Act continue to apply, in relation to:
(a)
a pre-commencement annulment; and
(b)
a pre-commencement annulment application; and
(c)
an annulment that results from a pre-commencement annulment application;
Where a bankrupt desires to make a proposal to his or her creditors for: (a) a composition in satisfaction of his or her debts; or (b) a scheme of arrangement of his or her affairs;
he or she may lodge with the trustee a proposal in writing signed by him or her setting out the terms of the proposed composition or scheme of arrangement and particulars of any sureties or securities forming part of the proposal.
[ CCH Note: Modification Declaration FRLI No F2021L00261 ( Bankruptcy Regulations 2021 : FRLI No F2021L00261, registered on 19 March 2021 and effective from 1 April 2021.)
Subsection 73(1) of the Act is modified by substituting " the legal personal representative of a deceased debtor " for " a bankrupt " and substituting " the deceased debtor ' s " for " his or her " (wherever occurring).]
73(1A)
The trustee must, within 2 business days after receiving the proposal, give a copy of the proposal to the Official Receiver.
Penalty: 5 penalty units.
Note:
See also section 277B (about infringement notices).
73(1B)
(Repealed by No 11 of 2016)
73(1C)
Subsection (1A) is an offence of strict liability.
Note:
For strict liability, see section 6.1 of the Criminal Code .
[ CCH Note: Modification Declaration FRLI No F2021L00261 ( Bankruptcy Regulations 2021 : FRLI No F2021L00261, registered on 19 March 2021 and effective from 1 April 2021.)
Section 73 of the Act is modified by inserting subsection (2):
]
73(2)
In this section:legal personal representative
, in relation to a deceased debtor, means:
(a) the executor under the deceased debtor ' s will; or
(b) the administrator under letters of administration or court order;of the deceased debtor ' s estate, or a part of that estate.
73(2)
(Repealed by No 11 of 2016)
73(2A)
(Repealed by No 11 of 2016)
73(2AA)
(Repealed by No 11 of 2016)
73(2B)
(Repealed by No 11 of 2016)
73(3)
(Repealed by No 11 of 2016)
73(4)
(Repealed by No 11 of 2016)
73(5)
(Repealed by No 11 of 2016)
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