Commonwealth Consolidated Acts

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BANKRUPTCY ACT 1966 - SECT 247A

Commencement of administration under Part

  (1)   Administration of the estate of a deceased person under this Part   by virtue of an order made by the Court under section   244 or 247 after the commencement of this section shall be deemed to have relation back to, and to have commenced at:

  (a)   if the deceased person was on the day of his or her death unable to pay his or her debts as they became due from his or her own moneys and had committed any act or acts of bankruptcy within the period of 6 months immediately preceding the day on which he or she died--the time of the commission of that act, or the first of those acts, as the case may be;

  (b)   if the deceased person was on the day of his or her death unable to pay his or her debts as they became due from his or her own moneys, but had not committed any act of bankruptcy within the period of 6 months immediately preceding the day on which he or she died--the time of his or her death; or

  (c)   if the deceased person was on the day of his or her death able to pay his or her debts as they became due from his or her own moneys--the time of the presentation of the petition on which the order was made.

  (2)   Administration of the estate of a deceased person under this Part   by virtue of an order made by the Court under section   245 on a creditor's petition shall be deemed to have relation back, and to have commenced at, the time of the commission of the earliest act of bankruptcy committed by the deceased person within the period of 6 months immediately preceding the date on which the petition was presented.


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