Commonwealth Consolidated Acts

BANKRUPTCY ACT 1966

TABLE OF PROVISIONS

           Long Title

   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 Criminal Code  
   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.   Public Governance, Performance and Accountability Act 2013 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

              Subdivision A--General

   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.  

              Subdivision B--The effect of proceeds of crime orders and applications for proceeds of crime orders

   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

              Subdivision A--General

   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  

              Subdivision B--Superannuation contributions

   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 examinable period  
   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

              Subdivision A--Preliminary

   139J.   Objects of Division  

              Subdivision B--Interpretation

   139K.   Definitions  

              Subdivision C--Income

   139L.   Meaning of income  
   139M.   Derivation of income  
   139N.   Income varied by income tax payments and refunds and child support payments  

              Subdivision D--Liability of bankrupt to pay contributions

   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  

              Subdivision E--Provision of information to trustee

   139U.   Bankrupt to provide evidence of income  
   139V.   Power of trustee to require bankrupt to provide additional evidence  

              Subdivision F--Assessments of income and contribution

   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  

              Subdivision G--Review of assessment

   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  

              Subdivision H--When contribution payable

   139ZG.  Payment of contribution  
   139ZH.  If excess contribution paid  
   139ZI.  Notice of determinations  

              Subdivision HA--Supervised account regime

   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. ART review of decisions  

              Subdivision I--Collection of money or property by Official Receiver from person other than the bankrupt

   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  

              Subdivision J--Collection of money or property by Official Receiver from party to transaction that is void against the trustee

   139ZQ.  Official Receiver may require payment  
   139ZR.  Charge over property  
   139ZS.  Power of Court to set aside notice  
   139ZT.  Failure to comply with notice  

              Subdivision K--Rolled-over superannuation interests etc.

   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

              Subdivision A--Discharge after certain period

   149.    Automatic discharge  
   149A.   Bankruptcy extended when objection made  

              Subdivision B--Objections

   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  

              Subdivision C--Review 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

   156A.   Consent to act as trustee  
   157.    Appointment of trustees  
   158.    Appointment of more than one trustee etc.  
   159.    Vacancy in office of trustee  
   160.    Official Trustee to be trustee when no registered trustee is trustee  
   161.    Trustee may act in official name  

           Division 2--Remuneration and costs of the Official Trustee and Official Receiver

   163.    Remuneration of the Official Trustee  
   163A.   Costs and expenses of Official Receiver  

           Division 5--Vacation of office

   180.    Resignation of trustee  
   181A.   Streamlined method for replacing trustee  
   183.    Release of registered trustee by the Court  
   184.    Release of registered trustee by operation of law after 7 years  
   184A.   Release of the Official Trustee  

   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.

              Subdivision A--Introduction

   186A.   Basic eligibility test  

              Subdivision B--Registration of debt agreement administrators

   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  

              Subdivision BA--Insurance

   186HA.  Registered debt agreement administrator to maintain insurance  

              Subdivision C--Surrender and cancellation of registration as a debt agreement administrator

   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  

              Subdivision E--Miscellaneous

   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 Gazette  
   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

   278.    Interpretation  
   279.    Administration of, and powers and functions in relation to, the Charges Acts  
   280.    Deferred payment of interest charge or realisations charge  
   281.    Late payment penalty--interest charge and realisations charge  
   282.    Extension of time for payment--interest charge and realisations charge  
   283.    Remission of interest charge, realisations charge and late payment penalty  
   284.    Recovery of interest charge, realisations charge and late payment penalty  
   285.    Payments by cheque or payment order  
   286.    Regulations may deal with other matters  

   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  
           SCHEDULE 1 Acts repealed
           SCHEDULE 2 Insolvency Practice Schedule (Bankruptcy)