Commonwealth Consolidated Acts

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BANKRUPTCY ACT 1966 - SECT 114B

The effect of applications for proceeds of crime orders

  (1)   If:

  (a)   an application is made under a proceeds of crime law for a restraining order or a forfeiture order; and

  (b)   if the order were made, it would cover property of a bankrupt (whether the application is made before, on or after the date of the bankruptcy);

proceeds of any of the property of the bankrupt that would be covered by the order must not be applied under Subdivision   A before the application is finally determined.

  (2)   If:

  (a)   an application is made under a proceeds of crime law for a pecuniary penalty order; and

  (b)   the person against whom the order would be made is, or later becomes, a bankrupt;

proceeds of any of the property of the bankrupt must not be applied under Subdivision   A before the application is finally determined.


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