Commonwealth Consolidated Acts

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Annulment on payment of debts

             (1)  If the trustee of the estate of a deceased person is satisfied that all the debts of the estate of a deceased person have been paid in full, the order for the administration of the estate under this Part is annulled, by force of this subsection, on the date on which the last such payment was made.

             (2)  The trustee must, before the end of the period of 2 days beginning on that date, give to the Official Receiver a written certificate setting out the name and the administration number of the estate and the date of the annulment.

Penalty:  5 penalty units.

Note:          See also section 277B (about infringement notices).

             (3)  Subsection (2) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code .

             (4)  For the purposes of this section, if a debt has been proved by a creditor but the creditor cannot be found or cannot be identified, the debt may be paid to the Official Receiver and, if so paid, is taken for the purposes of this section to have been paid in full to the creditor.

          (4A)  Money received by the Official Receiver under subsection (4) is received on behalf of the Commonwealth.

             (5)  If money is paid to the Official Receiver under subsection (4), the provisions of subsections 254(3) to (9) apply in relation to that money as if it had been paid to the Commonwealth by a trustee under subsection 254(2).

             (6)  In this section:

"debts of the estate of a deceased person" means all debts that have been proved in the administration of the estate and includes interest payable on such of those debts as bear interest, and the costs, charges and expenses of the administration of the estate, including the remuneration and expenses of the trustee.

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