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BANKRUPTCY ACT 1966

Table of Provisions

PART I--PRELIMINARY

  • 1 Short title  
  • 2 Commencement  
  • 4 Repeal  
  • 4A Insolvency Practice Schedule  

PART IA--INTERPRETATION

  • 5 Interpretation  
  • 5A Acting in accordance with a person's directions or instructions  
  • 5B Associated entities: companies  
  • 5C Associated entities: natural persons  
  • 5D Associated entities: partnerships  
  • 5E Associated entities: trusts  
  • 5F Controlling an entity in relation to a matter  
  • 5G Financial affairs of a company  
  • 5H Financial affairs of a natural person  
  • 5J Financial affairs of a partnership  
  • 5K Financial affairs of a trust  
  • 6 Meaning of intent to defraud creditors  
  • 6A Statement of affairs for purposes other than Part XI  
  • 6B Provision of statement of affairs under Part XI and statement of administration of estate of deceased person  
  • 6C Interpretive provisions relating to proceeds of crime orders  
  • 6D Approved forms  

PART IB--APPLICATION--OF ACT

  • 7 Application of Act  
  • 7A Application of the  
  • 8 Act binds the Crown  
  • 9 Laws of States and Territories not affected by Act  

PART II--ADMINISTRATION

DIVISION 1--General
  • 10 Delegation by Minister or Secretary  
  • 11 Inspector-General in Bankruptcy  
  • 12 Functions of Inspector-General  
  • 13 The Australian Financial Security Authority  
  • 15 Official Receivers  
  • 16 Appointment of Inspector-General and Official Receivers  
  • 17 Acting Inspector-General and Acting Official Receivers  
  • 17B Arrangements for services of State Magistrates and Northern Territory Local Court Judges  
  • 18 The Official Trustee in Bankruptcy  
  • 18AA does not apply to the Official Trustee  
  • 18A Liability of the Official Trustee  
  • 19 Duties etc. of trustee  
  • 19AA Power of investigation of bankrupt's affairs  
  • 19A Liability of Inspector-General, Official Receivers etc.  
  • 19B Trustee to give Official Receiver information etc.  
  • DIVISION 2--Common Investment Fund
  • 20A Interpretation  
  • 20B The Common Investment Fund  
  • 20D Investment of money in Common Fund  
  • 20E Borrowing for the Common Fund  
  • 20F Moneys in Common Fund not held on account of particular estates etc.  
  • 20G Common Investment Fund Equalization Account  
  • 20H Credits to and debits from the Equalization Account  
  • 20J Interest on moneys in Common Fund payable only in certain circumstances  

PART III--COURTS

DIVISION 2--Jurisdiction and powers of courts in bankruptcy
  • 27 Bankruptcy courts  
  • 29 Courts to help each other  
  • 30 General powers of Courts in bankruptcy  
  • 31 Exercise of jurisdiction  
  • 32 Costs  
  • 33 Adjournment, amendment of process and extension and abridgment of times  
  • 33A Alteration of dates relating to statements of affairs and debtor's petitions  
  • 34 Orders and commissions for examination of witnesses  
  • 34A Standard of proof  
  • 35 Jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) in bankruptcy where trustee is a party to property settlement or spousal maintenance proceedings etc.  
  • 35A Transfer of proceedings to Federal Circuit and Family Court of Australia (Division 1)  
  • 35B Family Court of Western Australia  
  • 36 Enforcement of orders etc.  
  • 37 Power of Court to rescind orders etc.  

PART IV--PROCEEDINGS--IN CONNEXION WITH BANKRUPTCY

DIVISION 1--Acts of bankruptcy
  • 40 Acts of bankruptcy  
  • 41 Bankruptcy notices  
  • 42 Payment etc. of debt to Commonwealth or State after service of bankruptcy notice  
  • DIVISION 2--Creditors' petitions
  • 43 Jurisdiction to make sequestration orders  
  • 44 Conditions on which creditor may petition  
  • 45 Creditor's petition against partnership  
  • 46 Petition against 2 or more joint debtors  
  • 47 Requirements as to creditor's petition  
  • 49 Change of petitioners  
  • 50 Taking control of debtor's property before sequestration  
  • 51 Costs of prosecuting creditor's petition  
  • 52 Proceedings and order on creditor's petition  
  • 53 Consolidation of proceedings  
  • 54 Bankrupt's statement of affairs  
  • DIVISION 2A--Declaration of intention to present debtor's petition
  • 54A Presentation of declaration  
  • 54B When debtor disqualified from presenting declaration  
  • 54C Acceptance or rejection of declaration  
  • 54D Official Receiver to give information to debtor  
  • 54E Enforcement suspended during stay period  
  • 54F Duties of sheriff  
  • 54G Duty of court registrar  
  • 54H Duties of person entitled to deduct money owing to declared debtor  
  • 54J Extension of time where this Division prevents the doing of an act  
  • 54K Section 33 not to apply to this Division  
  • 54L Secured creditor's rights under security not affected  
  • DIVISION 3--Debtors' petitions
  • 55 Debtor's petition  
  • 56A Persons who may present a debtor's petition against a partnership  
  • 56B Presentation of a debtor's petition against a partnership  
  • 56C Referral to the Court of a debtor's petition against a partnership  
  • 56D Acceptance of a debtor's petition against a partnership by the Official Receiver  
  • 56E Effects of acceptance of a debtor's petition against a partnership  
  • 56F Extra duties of non-petitioning partners who become bankrupts  
  • 56G Inspection of statements of affairs of partners and partnerships  
  • 57 Debtor's petition by joint debtors who are not partners  
  • 57A Time at which person becomes bankrupt on debtor's petition  
  • DIVISION 3A--Acceptance of statements of affairs by Official Receiver
  • 57B Acceptance of statements of affairs by Official Receiver  
  • DIVISION 4--Effect of bankruptcy on property and proceedings
  • 58 Vesting of property upon bankruptcy--general rule  
  • 58A Vesting of property upon bankruptcy--effect of orders in force under the proceeds of crime law  
  • 59 Second or subsequent bankruptcy  
  • 59A Orders to which sections 58 and 59 are subject  
  • 60 Stay of legal proceedings  
  • 61 Actions by bankrupt partner's trustee  
  • 62 Actions on joint contracts  
  • 63 Death of bankrupt  
  • DIVISION 6--Composition or arrangement with creditors
  • 73 Composition or arrangement  
  • 73B Declaration of relationships by proposed trustee of composition or scheme of arrangement  
  • 74 Annulment of bankruptcy  
  • 74A Variation of composition or scheme of arrangement  
  • 75 Effect of composition or scheme of arrangement  
  • 76 Application of Part VIII and Schedule 2 to trustee of a composition or arrangement  
  • 76B Setting aside and termination of a composition or scheme of arrangement  

PART V--CONTROL--OVER PERSON AND PROPERTY OF DEBTORS AND BANKRUPTS

DIVISION 1--General
  • 77 Duties of bankrupt as to discovery etc. of property  
  • 77AA Access by Official Receiver and others to premises  
  • 77A Access by trustee to books of associated entity  
  • 77C Power of Official Receiver to obtain information and evidence  
  • 77CA Power of Official Receiver to obtain statement of affairs  
  • 77D Allowances and expenses in respect of attendance  
  • 77E Advance on account of allowances and expenses  
  • 77F Allowances and expenses to be paid out of bankrupt's estate  
  • 78 Arrest of debtor or bankrupt  
  • 80 Notification of change in name, address or day-time telephone number  
  • 81 Discovery of bankrupt's property etc.  
  • DIVISION 2--Offshore information notices
  • 81A Issue of notices  
  • 81B Extension of period of notice  
  • 81C Variation of notices  
  • 81D Withdrawal of notices  
  • 81E Notices may be included in same document  
  • 81F Relationship between this Division and section 77C  
  • DIVISION 3--Failure to comply with certain notices
  • 81G Effect of non-compliance with notice  

PART VI--ADMINISTRATION--OF PROPERTY

DIVISION 1--Proof of debts
  • 82 Debts provable in bankruptcy  
  • 83 Debt not to be considered proved until admitted  
  • 84 Manner of proving debts  
  • 85 Proof by employees  
  • 86 Mutual credit and set-off  
  • 87 Deduction of discounts  
  • 88 Apportionment to principal and interest of payments made before bankruptcy  
  • 89 Apportionment where security realized before or after bankruptcy  
  • 90 Proof of debt by secured creditor  
  • 91 Redemption of security by trustee etc.  
  • 92 Amendment of valuation  
  • 93 Repayment of excess  
  • 94 Subsequent realization of security  
  • 95 Proof in respect of distinct contracts  
  • 96 Proof in respect of proportionate part of periodical payment  
  • 97 Production of bills of exchange and promissory notes  
  • 98 Amendment of proof of debt  
  • 100 Costs of proving debts etc.  
  • 101 Inspection of proofs by creditors etc.  
  • 102 Admission or rejection of proofs  
  • 103 Debts to be rounded down to nearest dollar  
  • 104 Appeal against decision of trustee in respect of proof  
  • 105 Costs of appeal  
  • 106 Trustee may administer oaths etc.  
  • 107 Creditor not to receive more than the amount of his or her debt and interest  
  • DIVISION 2--Order of payment of debts
  • 108 Debts proved to rank equally except as otherwise provided  
  • 109 Priority payments  
  • 109A Debts due to employees  
  • 110 Application of estates of joint debtors  
  • 113 Apprenticeship etc. claims  
  • 114 Payment of liabilities etc. incurred under terminated deed etc.  
  • 114A The effect of proceeds of crime orders  
  • 114B The effect of applications for proceeds of crime orders  
  • 114C Director of Public Prosecutions or Commissioner of the Australian Federal Police must notify the trustee of certain matters  
  • DIVISION 3--Property available for payment of debts
  • 115 Commencement of bankruptcy  
  • 116 Property divisible among creditors  
  • 117 Policies of insurance against liabilities to third parties  
  • 118 Execution by creditor against property of debtor who becomes a bankrupt etc.  
  • 119 Duties of sheriff after receiving notice of presentation of petition etc.  
  • 119A Duties of sheriff after receiving notice of bankruptcy etc.  
  • 120 Undervalued transactions  
  • 121 Transfers to defeat creditors  
  • 121A Transactions where consideration given to a third party  
  • 122 Avoidance of preferences  
  • 123 Protection of certain transfers of property against relation back etc.  
  • 124 Protection of certain payments to bankrupt etc.  
  • 125 Certain accounts of undischarged bankrupt  
  • 126 Dealings with undischarged bankrupt in respect of after-acquired property  
  • 127 Limitation of time for making claims by trustee etc.  
  • 128 Notice to trustee where identity of vendor etc. with bankrupt in doubt  
  • 128A Simplified outline  
  • 128B Superannuation contributions made to defeat creditors--contributor is a person who later becomes a bankrupt  
  • 128C Superannuation contributions made to defeat creditors--contributor is a third party  
  • 128D Time for making claims by trustee  
  • 128E Superannuation account-freezing notice  
  • 128F Revocation of superannuation account-freezing notice  
  • 128G Copy of superannuation account-freezing notice to be given to trustee etc.  
  • 128H Consent of Official Receiver to the cashing etc. of a superannuation interest  
  • 128J Power of Court to set aside superannuation account-freezing notice  
  • 128K Judicial enforcement of superannuation account-freezing notices  
  • 128L Protection of trustee of eligible superannuation plan  
  • 128M References to a member of an eligible superannuation plan  
  • 128N Definitions  
  • DIVISION 4--Realization of property
  • 129 Trustee to take possession of property of bankrupt  
  • 129AA Time limit for realising property  
  • 129A Eligible judges  
  • 130 Warrant for seizure of property connected with the bankrupt  
  • 132 Vesting and transfer of property  
  • 133 Disclaimer of onerous property  
  • 134 Powers exercisable at discretion of trustee  
  • 136 Right to pay off mortgages  
  • 137 Right of trustee to inspect goods held as security  
  • 138 Limitation of trustee's power in respect of copyright, patents etc.  
  • 139 Protection of trustee from personal liability in certain cases  
  • DIVISION 4A--Orders in relation to property of entity controlled by bankrupt or from which bankrupt derived a benefit
  • 139A Trustee may apply to Court  
  • 139B Application to be served on respondent entity  
  • 139C Who may appear at hearing  
  • 139CA Definition of  
  • 139D Order relating to property of entity other than a natural person  
  • 139DA Order relating to property of natural person  
  • 139E Order relating to net worth of entity other than a natural person  
  • 139EA Order relating to increase in value of property of natural person  
  • 139F Court to take account of interests of other persons  
  • 139G Giving effect to orders under this Division  
  • 139H Entity entitled to claim in bankruptcy  
  • DIVISION 4B--Contribution by bankrupt and recovery of property
  • 139J Objects of Division  
  • 139K Definitions  
  • 139L Meaning of income  
  • 139M Derivation of income  
  • 139N Income varied by income tax payments and refunds and child support payments  
  • 139P Liability of bankrupt to pay contribution  
  • 139Q Change in liability of bankrupt  
  • 139R Liability not affected by subsequent discharge  
  • 139S Contribution payable by bankrupt  
  • 139T Determination of higher income threshold in cases of hardship  
  • 139U Bankrupt to provide evidence of income  
  • 139V Power of trustee to require bankrupt to provide additional evidence  
  • 139W Assessment of bankrupt's income and contribution  
  • 139WA No time limit on making assessment  
  • 139X Basis of assessments  
  • 139Y Trustee may regard bankrupt as receiving reasonable remuneration  
  • 139Z If bankrupt claims not to be in receipt of income  
  • 139ZA Internal review of assessment  
  • 139ZC Inspector-General may request further information  
  • 139ZD Decision on review  
  • 139ZE Inspector-General to notify bankrupt and trustee of decision  
  • 139ZF Review of assessment decisions  
  • 139ZG Payment of contribution  
  • 139ZH If excess contribution paid  
  • 139ZI Notice of determinations  
  • 139ZIA Objects  
  • 139ZIB Definitions  
  • 139ZIC Trustee may determine that the supervised account regime applies to the bankrupt  
  • 139ZID Revocation of determination  
  • 139ZIDA When determination ceases to be in force  
  • 139ZIE Bankrupt must open and maintain supervised account  
  • 139ZIEA New supervised account  
  • 139ZIF Bankrupt's monetary income to be deposited to supervised account  
  • 139ZIG Trustee to supervise withdrawals from supervised account  
  • 139ZIH Constructive income receipt arrangements  
  • 139ZIHA Non-monetary income receipt arrangements  
  • 139ZII Cash income  
  • 139ZIIA Keeping of books  
  • 139ZIJ Injunctions  
  • 139ZIK Interim injunctions  
  • 139ZIL Discharge etc. of injunctions  
  • 139ZIM Certain limits on granting injunctions not to apply  
  • 139ZIN Other powers of the Court unaffected  
  • 139ZIO Inspector-General may review trustee's decision  
  • 139ZIP Inspector-General may request further information  
  • 139ZIR Inspector-General's decision on review  
  • 139ZIS Inspector-General to notify bankrupt and trustee of decision  
  • 139ZIT AAT review of decisions  
  • 139ZJ Definition  
  • 139ZK Persons to whom Subdivision applies  
  • 139ZL Official Receiver may require persons to make payments  
  • 139ZM Power of Court to set aside notice  
  • 139ZN Charge over property  
  • 139ZO Failure to comply with notice  
  • 139ZP Employer not to dismiss or injure bankrupt because of giving of notice  
  • 139ZQ Official Receiver may require payment  
  • 139ZR Charge over property  
  • 139ZS Power of Court to set aside notice  
  • 139ZT Failure to comply with notice  
  • 139ZU Order relating to rolled-over superannuation interests etc.  
  • 139ZV Enforcement of order  
  • 139ZW Definitions  
  • DIVISION 5--Distribution of property
  • 140 Declaration and distribution of dividends  
  • 141 Joint and separate dividends  
  • 142 Apportionment of expenses of administration of joint and separate estates  
  • 143 Provision to be made for creditors residing at a distance etc.  
  • 144 Right of creditor who has not proved debt before declaration of dividend  
  • 145 Final dividend  
  • 146 Distribution of dividends where bankrupt fails to file statement of affairs  
  • 147 No action for dividend  

PART VII--DISCHARGE--AND ANNULMENT

DIVISION 1--Preliminary
  • 148 Misleading conduct by bankrupt  
  • DIVISION 2--Discharge by operation of law
  • 149 Automatic discharge  
  • 149A Bankruptcy extended when objection made  
  • 149B Objection to discharge  
  • 149C Form of notice of objection  
  • 149D Grounds of objection  
  • 149F Copy of notice of objection to be given to bankrupt  
  • 149G Date of effect of objection  
  • 149H Trustee ceasing to object on some grounds  
  • 149J Withdrawal of objection  
  • 149K Internal review of objection  
  • 149M Inspector-General may request further information  
  • 149N Decision on review  
  • 149P Inspector-General to notify bankrupt and trustee of decision  
  • 149Q Review of decisions  
  • DIVISION 4--Provisions applicable to all discharges
  • 152 Discharged bankrupt to give assistance  
  • 153 Effect of discharge  
  • DIVISION 5--Annulment of bankruptcy
  • 153A Annulment on payment of debts  
  • 153B Annulment by Court  
  • 154 Effect of annulment  

PART VIII--TRUSTEES

DIVISION 1--Appointment and official name

PART IX--DEBT--AGREEMENTS

DIVISION 1--Introduction
  • 185 Definitions  
  • 185A Adequate and appropriate professional indemnity and fidelity insurance  
  • DIVISION 2--Debt agreement proposals
  • 185C Giving a debt agreement proposal to the Official Receiver  
  • 185D Statement of affairs to be given with a debt agreement proposal  
  • 185E Accepting a debt agreement proposal for processing  
  • 185EA Processing of debt agreement proposal  
  • 185EB Inspection of creditor's statement  
  • 185EC Acceptance of a debt agreement proposal  
  • 185ED Cancellation of acceptance of debt agreement proposal for processing  
  • 185F Effect of accepting a debt agreement proposal for processing  
  • 185G Lapsing of a debt agreement proposal  
  • DIVISION 3--Making a debt agreement
  • 185H Making a debt agreement  
  • 185I Parties to a debt agreement  
  • 185K Prevention of proceedings relating to debts  
  • DIVISION 3A--Duties of administrators
  • 185LA Duties of an administrator--general  
  • 185LB Administrator to notify creditors of a 3-month arrears default by a debtor  
  • 185LC Administrator to notify Official Receiver of a designated 6-month arrears default by a debtor  
  • 185LD Administrator to maintain separate bank account  
  • 185LDA Offence relating to the trust account  
  • 185LE Administrator to keep accounts etc.  
  • 185LEA Annual return  
  • 185LF Succession of administrator  
  • 185LG Duties of an administrator in relation to debt agreements--extended meaning  
  • DIVISION 4--Varying a debt agreement
  • 185M Varying a debt agreement  
  • 185MA Procedures for dealing with proposals to vary debt agreements  
  • 185MB Inspection of creditor's statement  
  • 185MC Acceptance of a proposal to vary a debt agreement  
  • 185MD Withdrawal of proposal to vary a debt agreement  
  • DIVISION 5--Ending a debt agreement
  • 185N End of debt agreement on discharge of obligations under agreement  
  • 185NA Release of debtor from debts  
  • 185P Terminating a debt agreement by accepting a proposal  
  • 185PA Procedures for dealing with proposals to terminate debt agreements  
  • 185PB Inspection of creditor's statement  
  • 185PC Acceptance of a proposal to terminate a debt agreement  
  • 185PD Withdrawal of proposal to terminate a debt agreement  
  • 185Q Terminating a debt agreement by order of the Court  
  • 185QA Terminating a debt agreement--designated 6-month arrears default  
  • 185R Terminating a debt agreement by the bankruptcy of the debtor  
  • 185S Validity of things done under a debt agreement that was terminated  
  • DIVISION 6--Voiding a debt agreement
  • 185T Applying for an order declaring a debt agreement void  
  • 185U Making an order declaring a debt agreement void  
  • 185V Validity of things done under a debt agreement that was declared void  
  • DIVISION 7--General provisions relating to debt agreements
  • 185W Court directions to the Official Receiver  
  • 185X No stamp duty payable on a debt agreement  
  • 185XA Secured creditors  
  • 185Y Money received by administrator to be held on trust  
  • 185Z Remuneration of administrator  
  • 185ZA Notification of death of administrator  
  • 185ZB Official Trustee to replace an administrator who dies etc.  
  • 185ZC Official Receiver may appoint a new administrator  
  • 185ZCA Court may order administrator to make good loss caused by breach of duty  
  • 185ZCB Control of administrators by the Court  
  • 185ZD Remuneration of administrator  
  • DIVISION 8--Registration of debt agreement administrators etc.
  • 186A Basic eligibility test  
  • 186B Application for registration as a debt agreement administrator  
  • 186C Inspector-General must approve or refuse to approve registration application  
  • 186D Registration as a debt agreement administrator  
  • 186E Duration of registration as a debt agreement administrator  
  • 186F Conditions of registration--general  
  • 186G Condition of registration--companies  
  • 186H Application to change or remove registration conditions  
  • 186HA Registered debt agreement administrator to maintain insurance  
  • 186J Surrender of registration as a debt agreement administrator  
  • 186K Cancellation of an individual's registration as a debt agreement administrator  
  • 186L Cancellation of a company's registration as a debt agreement administrator  
  • 186LA Inspector-General may obtain information about debt agreement administration trust accounts  
  • 186LB Account-freezing notices--debt agreement administration trust accounts  
  • 186LC Power of court to set aside account-freezing notices  
  • 186LD Judicial enforcement of account-freezing notices  
  • 186LE Protection of bank  
  • 186N Return of certificate of registration  
  • 186P Cessation of registration as a debt agreement administrator--no refund of fees  
  • 186Q Guidelines relating to Inspector-General's powers  

PART X--PERSONAL--INSOLVENCY AGREEMENTS

DIVISION 1--Interpretation
  • 187 Interpretation  
  • 187A Application of Part to joint debtors  
  • DIVISION 2--Meeting of creditors and control of debtor's property
  • 188 Debtor may authorise trustee or solicitor to be controlling trustee  
  • 188A Personal insolvency agreement  
  • 188B Inspection of statement of debtor's affairs  
  • 189 Control of property of a debtor who has given authority under section 188  
  • 189AAA Stay of proceedings relating to creditor's petition until meeting of debtor's creditors  
  • 189AA Court orders with effect during period of control of debtor's property  
  • 189AB Charge over debtor's property that is subject to control  
  • 189AC Right of indemnity for controlling trustee  
  • 189A Report and declaration by controlling trustee  
  • 189B Controlling trustee to prepare statement about possible resolutions  
  • 190 Duties and powers of controlling trustee  
  • 190A Additional duties of controlling trustee  
  • 191 Payments to protect property etc.  
  • 192 Changing the controlling trustee  
  • 204 Resolution for personal insolvency agreement  
  • 205 Duties of sheriff after receiving notice of signing of authority under section 188 etc.  
  • 205A Duties of sheriff after receiving notice of execution of personal insolvency agreement etc.  
  • 206 Court may adjourn hearing of petition where creditors have passed resolution for personal insolvency agreement  
  • 207 Surrender of security etc. where secured creditor has voted  
  • 208 Termination of control of debtor's property by the Court  
  • 209 Acts of controlling trustee to bind trustee of subsequent personal insolvency agreement or bankruptcy  
  • 210 Other provisions about controlling trustee  
  • 211 Other provisions about debtor  
  • DIVISION 3--General provisions
  • 215 Eligibility to be trustee of personal insolvency agreement  
  • 215A Nomination or appointment of trustee of personal insolvency agreement  
  • 216 Execution of personal insolvency agreements  
  • 217 Failure of trustee to execute personal insolvency agreement  
  • 218 Notice of execution of personal insolvency agreement  
  • 219 Trustee may sue, be sued etc. by official name  
  • 220 Filling of vacancy in office of trustee after execution of personal insolvency agreement etc.  
  • 221 Sequestration order where debtor fails to attend meeting, execute personal insolvency agreement etc.  
  • 221A Variation of personal insolvency agreement  
  • 222 Court may set aside personal insolvency agreement  
  • 222A Termination of personal insolvency agreement by trustee  
  • 222B Termination of personal insolvency agreement by creditors  
  • 222C Court may terminate personal insolvency agreement  
  • 222D Termination of personal insolvency agreement by occurrence of terminating event  
  • 224 Validity of acts if personal insolvency agreement set aside or terminated  
  • 224A Notice that a personal insolvency agreement has been set aside, varied or terminated  
  • 225 Evidence of personal insolvency agreement, resolution etc.  
  • 226 Creditor may inspect personal insolvency agreement etc.  
  • 227 Stamp duty not payable on personal insolvency agreements etc. entered into under this Part  
  • 229 Personal insolvency agreement to bind all creditors  
  • 230 Release of provable debts  
  • 231 Application of general provisions of Act to personal insolvency agreements  
  • 231A Right of debtor to remaining property  
  • 232 Certificate relating to discharge of obligations  

PART XI--ADMINISTRATION--OF ESTATES OF DECEASED PERSONS IN BANKRUPTCY

  • 244 Administration of estates under this Part upon petition by creditor  
  • 245 Debtor dying after presentation of creditor's petition  
  • 246 Statement of deceased debtor's affairs etc. by legal personal representative  
  • 247 Petition for administration under this Part by person administering deceased person's estate  
  • 247A Commencement of administration under Part  
  • 248 Application of Act in relation to administrations under this Part  
  • 248A Consolidation of proceedings  
  • 249 Vesting of property on making of order  
  • 249A Charge over property owned in joint tenancy  
  • 250 Effect of order under Part where deceased person was bankrupt  
  • 251 Real property devised by will that vests directly in devisee to form part of estate in certain cases  
  • 252 Liability of legal personal representative  
  • 252A Annulment on payment of debts  
  • 252B Annulment by Court  
  • 252C Effect of annulment  

PART XIA--FARMERS----DEBTS ASSISTANCE

  • 253A Interpretation  
  • 253B Law of State or Territory may be proclaimed  
  • 253C Notice about stay under proclaimed law  
  • 253E Relevant authority may apply for stay of proceedings under certain petitions  
  • 253F Relevant authority may be heard on application relating to debtor's petition  

PART XII--UNCLAIMED--DIVIDENDS OR MONEYS

  • 254 Payment of unclaimed moneys to the Commonwealth  

PART XIII--EVIDENCE

  • 255 Record of proceedings or evidence  
  • 256 Evidence of matters stated in notices published in  
  • 257 Evidence of proceedings at meetings of creditors or committee of inspection  
  • 258 Presumption about due convening of meetings etc.  
  • 262 Swearing of affidavits  

PART XIV--OFFENCES

  • 263 Concealment etc. of property etc.  
  • 263A False affidavits  
  • 263C False claims about a creditor's entitlement to vote  
  • 264A Failure of person to attend before the Court etc.  
  • 264B Arrest of person failing to attend before the Court etc.  
  • 264C Refusal to be sworn or give evidence etc.  
  • 264D Prevarication or evasion in the course of examination  
  • 264E Offences in relation to Registrar or magistrate conducting an examination  
  • 265 Failure of bankrupt or debtor to disclose property etc.  
  • 265A Offences relating to exercise of powers under section 77A or 130  
  • 266 Disposing or charging of property by person who becomes, or has become, a bankrupt  
  • 267 False declaration by debtor or bankrupt  
  • 267B Failure of person to provide information  
  • 267D Failure of person to attend  
  • 267E Arrest of person failing to attend before Official Receiver or authorised officer  
  • 267F Refusal to be sworn or give evidence etc.  
  • 267G Prevarication or evasion in the course of giving evidence  
  • 268 Offences in relation to personal insolvency agreements  
  • 269 Bankrupt or debtor who is a party to a debt agreement obtaining credit etc. without disclosing bankruptcy or debt agreement  
  • 270 Failure to keep proper books of account  
  • 271 Gambling or hazardous speculations  
  • 272 Leaving Australia with intent to defeat creditors etc.  
  • 273 Trial of offences constituted by refusal, failure or omission to act  
  • 275 Criminal liability not affected by discharge etc.  
  • 276 Trustee acting under a personal insolvency agreement that has been set aside  
  • 277 Punishment of contempt of court  
  • 277A Keeping of books in respect of period of bankruptcy  
  • 277B Infringement notices for offences  

PART XV--PROVISIONS--RELATING TO THE BANKRUPTCY (ESTATE CHARGES) ACT 1997

PART XVI--MISCELLANEOUS

  • 301 Certain provisions in contracts etc. to be void  
  • 302 Certain provisions in bills of sale etc. to be void  
  • 302A Certain provisions in governing rules of superannuation funds and approved deposit funds to be void  
  • 302AB Certain provisions in RSA's terms and conditions to be void  
  • 302B Certain provisions in trust deeds void  
  • 303 Applications to Court  
  • 304 Parts of dollar to be disregarded in determining majority in value of creditors etc.  
  • 304A Indexation  
  • 305 Payment of expenses by Commonwealth  
  • 306 Formal defect not to invalidate proceedings  
  • 306A Protection of Registrars, magistrates etc. in relation to examinations  
  • 306B Protection in respect of reports  
  • 307 Proceedings in firm name  
  • 308 Representation of corporation etc.  
  • 309 Service of notices etc.  
  • 311 Stamp duty not payable on trustee's cheques or receipts  
  • 313 Audit of accounts and records of the Official Trustee and the Official Receivers  
  • 315 Regulations  
  • 316 Legislative instruments determining fees  

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