Bankruptcy Regulations 1996

SCHEDULE 7 - MODIFICATIONS UNDER PART XI OF THE ACT - ADMINISTRATION OF ESTATES OF DECEASED PERSONS  

(regulation 11.02 )

24   Section 109A (Debts due to employees)  

24.1    
Subsection 109A(1):

Omit the subsection, substitute:

' Where:

(a) a contract of employment with a person who has since died and whose estate is being administered under Part XI was subsisting immediately before the date of the person ' s death; or

(b) a contract of employment with the trustee, in his or her capacity as trustee, of an estate that is being administered under Part XI was subsisting immediately before the date of the order for the administration;

the employee under the contract is, whether or not the employee is a person referred to in subsection (2), entitled to payment under section 109 as if the employee ' s employment had been terminated:

(c) where paragraph (a) applies:

(i) by the person; and

(ii) on the date;

mentioned in that paragraph; or

(d) where paragraph (b) applies:

(i) by the trustee; and

(ii) on the date;

mentioned in that paragraph. ' .

24.2    
Subsection 109A(2):

After ' trustee ' (twice occurring), insert ' or legal personal representative ' .

24.3    
After subsection 109A(2), insert:

' (2A)	In subsection (2):
	legal personal representative , in relation to a deceased person, means:
	(a)	the executor under the deceased person ' s will; or
	(b)	the administrator under letters of administration or court order;
	of the deceased person ' s estate, or a part of that estate. ' .