Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002 (86 of 2002)
Schedule 4 Bankruptcy
Part 1 Effect of proceeds of crime orders
Bankruptcy Act 1966
24 After section 185Q
Insert:
185QA - Terminating a debt agreement by special resolution of creditors
(1) A debt agreement is terminated by the passing of a special resolution to that effect by a meeting of creditors called for the purpose if:
(a) property of the debtor is covered by a restraining order or a forfeiture order; or
(b) a pecuniary penalty order made against the debtor is in force.
(2) However:
(a) paragraph (1)(a) does not apply if, when the debt agreement was made, the restraining order or forfeiture order already covered the property in question; and
(b) paragraph (1)(b) does not apply if, when the debt agreement was made, the pecuniary penalty order was already in force against the debtor.
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