Commonwealth Numbered Acts

BANKRUPTCY AMENDMENT ACT 1980 No. 12 of 1980 - SECT 3

3. (1) Section 5 of the Principal Act is amended-
(a) by inserting after the definition of "bankruptcy" in sub- section (1) the
following definition:



" 'books' includes any account, deed, writing or document and any other record
of information however compiled, recorded or stored, whether in writing, on
microfilm, by electronic process or otherwise;"; and

(b) by omitting "or that Act as amended as in force at any time" from the
definition of "the repealed Act" in sub-section (1).

(2) Section 5 of the Principal Act is amended-

(a) by inserting after the definition of "affidavit" in sub-section (1) the
following definition:



" 'approved bank' means a trading bank as defined by sub- section 5 (1) of the
Banking Act 1959 or another bank approved, by instrument in writing, for the
purposes of this definition by the Treasurer or a person authorized by the
Treasurer in writing to give approvals for the purposes of this definition;";

   (b)  by adding "and a petition presented by joint debtors against
        themselves
in pursuance of section 57" at the end of the definition of "debtor's
petition" in sub-section (1);

(c) by omitting from sub-section (1) the definition of "Deputy Registrar" and
substituting the following definition:



" 'Deputy Registrar' means a Deputy Registrar in Bankruptcy , and includes a
person acting as a Deputy Registrar;";

   (d)  by inserting after the definition of "goods" in sub-section (1) the
        following definition:



" 'Inspector-General' means the Inspector-General in Bankruptcy, and includes
a person acting as the Inspectorl 25230 25240 General;";

   (e)  by omitting from sub-section (1) the definition of "magistrate" and
        substituting the following definitions:



" 'magistrate' means-

   (a)  a person who holds office as a Magistrate of a State, being a person
        in respect of whom an arrangement under sub-section 17B (1) applies;

   (b)  a person who holds office as a Magistrate of the Northern Territory,
        being a person in respect of whom an arrangement under sub-section 17B
        (2) applies; or

   (c)  a person who holds office as a Magistrate of a Territory of the
        Commonwealth (other than the Northern Territory);



" 'maintenance agreement' means a maintenance agreement, within the meaning of
the Family Law Act 1975, that has been registered in or approved by a court in
Australia or an external Territory or any other agreement with respect to the
maintenance of a person that has been so registered or approved;



" 'maintenance order' means an order with respect to the maintenance of a
person made or registered under a law of the Commonwealth or of a State or
Territory of the Commonwealth;";

   (f)  by omitting from sub-section (1) the definition of "Official Receiver"
        and substituting the following definitions:



" 'Official Receiver' includes a person acting as an Official Receiver;



" 'Official Trustee' means the Official Trustee in Bankruptcy;";

(g) by omitting from sub-section (1) the definition of "Registrar" and
substituting the following definition:



" 'Registrar' means a Registrar in Bankruptcy, and includes a person acting as
a Registrar;";

   (h)  by inserting in the definition of "the date of the bankruptcy" in
sub-section (1) ", 56 or 57, as the case requires" after "section 55";

   (j)  by omitting from sub-section (1) the definition of "the Inspector-
        General"; and

   (k)  by omitting sub-section (4) and substituting the following sub-
        section:



"(4) Unless the contrary intention appears, a reference in this Act to the
trustee of the estate of a bankrupt, or to the trustee of a deed of assignment
or deed or arrangement executed, or of a composition accepted, under Part X,
shall-

   (a)  in relation to an estate or a deed or composition in respect of which
        there are 2 or more joint trustees-be read as a reference to all the
        trustees; or

   (b)  in relation to an estate or a deed or composition in respect of which
        there are 2 or more joint and several trustees- be read as a reference
        to all of the trustees or any one or more of the trustees.".