Commonwealth Consolidated Acts

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BANKRUPTCY ACT 1966 - SECT 64ZD

Provisions relating to motions and amendments of motions

             (1)  Subject to the right of the trustee to propose a motion relating to the trustee's remuneration under subsection 64U(4), the only persons who may propose motions, or amendments of motions, at a meeting are the creditors and their representatives.

             (2)  A motion or amendment does not need to be seconded.

             (3)  If a motion is proposed, the person presiding at the meeting must allow a reasonable time for debate on the motion and on any amendment proposed to the motion.

             (4)  After a reasonable time for debate has elapsed, the person presiding must:

                     (a)  if no amendment has been proposed--put the motion to a vote; or

                     (b)  if an amendment or amendments have been proposed, put the amendment or amendments to a vote; and

                              (i)  if the amendment or amendments are defeated--put the original motion to a vote; or

                             (ii)  if an amendment or amendments are passed--put the original motion as amended to a vote.

             (5)  If a question arises as to the terms of a motion or amendment that is being put to a vote, the person presiding must read the motion or amendment to the meeting.



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