Commonwealth Numbered Acts
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BANKRUPTCY AMENDMENT ACT 1980
TABLE OF PROVISIONS
1. Short title, &c.
4. Application of Act
5. Repeal of section 8 and substitution of new section-
8 Act to bind the Crown
6. Laws of States and Territories not affected by Act
7. Heading to Division 1 of Part II
Division 1 General
8. Functions of Inspector-General
9. Registrars and Deputy Registrars
10. Insertion of new section-
14A Stamps of Registrars
11. Official Receivers
12. Repeal of sections 17 and 18 and substitution of new sections-
17 Acting Inspector-General and acting Official Receivers
17A Acting Registrars and acting Deputy Registrars
17B Arrangements for services of State and Northern Territory Magistrates
18 The Official Trustee in Bankruptcy
18A Liability of the Official Trustee
13. Duties, &c., of Official Receiver
14. Insertion of new sections-
19A Liability of Inspector-General, Registrars, Deputy Registrars,
Official Receivers, &c.
19B Officers to act in aid of each other
15. Records, returns and bank accounts
16. Insertion of new Division-
Division 2 Common Investment Fund
20B The Common Investment Fund
20C Investment Board
20D Investment of moneys in Common Fund
20E Borrowing for the Common Fund
20F Moneys in Common Fund not held on account of particular estates, &c.
20G Common Investment Fund Equalization Account
20H Payment of moneys into and out of Equalization Account
20J Interest on moneys in Common Fund payable only in certain circumstances
17. Seal of Federal Court of Bankruptcy
18. Courts to act in aid of each other
19. Exercise of jurisdiction
20. Adjournment, amendment of process and extension and abridgment of times
21. Repeal of section 35 and substitution of new section-
35 Transfer of proceedings
22. Power of the Court to rescind orders, &c.
23. Acts of bankruptcy
24. Bankruptcy notices
25. Jurisdiction to make sequestration orders
26. Conditions on which creditor may petition
27. Repeal of section 48
28. Court may direct the Official Trustee to take control of property before
29. Proceedings and order on creditor's petition
30. Consolidation of proceedings
31. Bankrupt's statement of affairs
32. Debtor's petition
33. Repeal of sections 56 and 57 and substitution of new sections-
56 Debtor's petition against partnership
57 Debtor's petition by joint debtors who are not partners
57A Time at which person becomes bankrupt on debtor's petition
34. Vesting of property upon bankruptcy
35. Repeal of section 59 and substitution of new section-
59 Second or subsequent bankruptcy
36. Stay of legal proceedings
37. Repeal of section 64 and substitution of new section-
64 First meeting of creditors
38. Repeal of section 69 and substitution of new section-
69 Public examination of bankrupt
39. Approval by the Court
40. Arrest of debtor or bankrupt
41. Repeal of section 81 and substitution of new section-
81 Discovery of bankrupt's property
42. Debts provable in bankruptcy
43. Manner of proving debts
44. Proof by employees
45. Application to the Court where creditor or bankrupt considers proof wrongly admitted
46. Inspection of proofs by creditors, &c.
47. Admission or rejection of proofs
48. Appeal against decision of trustee in respect of proof
49. Costs of appeal
50. Trustee may administer oaths, &c.
51. Repeal of section 109 and substitution of new section-
109 Priority payments
52. Postponement of spouse's claims
53. Interest on debts
54. Property divisible amongst creditors
55. Repeal of sections 118 and 119 and substitution of new sections-
118 Execution by creditor against property of debtor who becomes a bankrupt , &c.
119 Duties of sheriff after receiving notice of presentation of petition, &c.
119A Duties of sheriff after receiving notice of bankruptcy, &c.
56. Avoidance of voluntary and marriage settlements
57. Avoidance of preferences
58. Protection of certain transactions against relation back, &c.
59. Protection of certain payments to bankrupt, &c.
60. Dealings with undischarged bankrupt in respect of after-acquired property
61. Limitation of time for making claims by trustee, &c.
62. Trustee to take possession of property of bankrupt
63. Income of bankrupt
64. Vesting and transfer of property
65. Disclaimer of onerous property
66. Powers exercisable at discretion of trustee
67. Powers exercisable by trustee with permission
68. Protection of trustee from personal liability in certain cases
69. Declaration and distribution of dividends
70. Repeal of section 145 and substitution of new section-
145 Final dividend
71. Repeal of section 147 and substitution of new section-
147 No action for dividend
72. Repeal of section 149 and substitution of new section-
149 Discharge of bankrupt by operation of law
73. Discharge by the Court
74. Effect of fraudulent settlements on discharge
75. Effect of order of discharge
76. Power to annul bankruptcy
77. Registration of persons as trustees
78. Appointment of trustees
79. Appointment of more than one trustee, &c.
80. Vacancy in office of trustee
81. Official Trustee to be trustee when there is not other trustee
82. Remuneration of trustee
83. Repeal of section 163 and substitution of new section-
163 Remuneration of the Official Trustee
84. Two or more trustees acting in succession
85. Taxation of costs
86. Trustee to pay moneys into bank account
87. Trustee to give Official Receiver and bankrupt information, &c.
88. Investment of surplus funds
89. Trustee's books when trading
90. Trustee's accounts and audit
91. Repeal of section 176 and substitution of new section-
176 Court may order trustee to make good loss sustained by negligence, &c.
92. Control of trustees by the Court
93. Registration of trustee
94. Removal of trustee
95. Bankruptcy of trustee, &c.
96. Release of registered trustee by the Court
97. Release of registered trustee by operation of law after 7 years
98. Insertion of new section-
184A Release of the Official Trustee
99. Repeal of Part IX
101. Insertion of new section-
187A Application of Part to joint debtors
102. Debtor may authorize trustee or solicitor to call meeting of creditors,
103. Trustee's and solicitor's duties and powers
104. Repeal of sections 192 and 193 and substitution of new sections-
192 Death of trustee to whom authority is given, &c.
193 Remuneration of controlling trustee
105. Calling of meeting
106. Debtor to attend meeting
108. Minutes of meeting
109. Repeal of section 205 and substitution of new sections-
205 Duties of sheriff after receiving notice of signing of authority under section 188, &c.
205A Duties of sheriff after receiving notice of execution of deed, &c.
110. Controlling trustee's bank accounts, &c.
111. Controlling trustee's accounts
112. Repeal of section 212 and substitution of new section-
212 Court may order controlling trustee to make good loss sustained by negligence, &c.
212A Appeal to the Court against controlling trustee's decision, &c.
212B Control of controlling trustees by the Court
113. Form of deeds, &c.
114. Repeal of section 217 and substitution of new section-
217 Failure of trustee to execute deed
115. Notice of execution of deed, acceptance of composition, &c.
116. Filling of vacancy in office of trustee after execution of deed, &c.
117. Power of the Court to declare deed or composition void
118. Calling of meetings other than the first meeting
119. Insertion of new section-
223A Application of provisions of this Part relating to first meeting to other meetings under this Part
120. Validity of acts where deed or composition declared void or terminated, &c.
121. Insertion of new section-
224A Notice that deed or composition declared void or terminated
122. Evidence of deed, resolution, &c.
123. Repeal of section 226 and substitution of new section-
226 Creditor may inspect deed, &c.
124. Deed of assignment to bind all creditors
125. Application of general provisions of Act to deeds of assignment
126. Certificate relating to release
127. Deed of arrangement to bind all creditors
128. Termination of deed of arrangement
129. Court may terminate deed
130. Application of general provisions of Act to deeds of arrangement
131. Insertion of new section-
237A Certificate by trustee that provisions of deeds have been carried out
132. Composition to bind all creditors
133. Court may terminate composition
134. Application of general provisions of Act to compositions
135. Insertion of new section-
243A Certificate by trustee that terms of composition have been carried out
136. Administration of estates under this Part upon petition by creditor
137. Filing of statement of deceased debtor's affairs by legal personal representative, &c.
138. Insertion of new section-
247A Commencement of administration under Part
139. Application of general provisions of Act in relation to administration under Part
140. Insertion of new section-
248A Consolidation of proceedings
141. Vesting of property on making of order
142. Repeal of section 250 and substitution of new sections-
249A Charge over property owned in joint tenancy
250 Effect of order under Part in case of deceased person who was bankrupt
143. Insertion of new section-
252A Power to annul order of administration under Part
144. Repeal of section 253B and substitution of new section-
253B Law of State or Territory may be proclaimed
145. Registrar to notify relevant authority of pending proceedings
146. Relevant authority entitled to be heard on application for leave for sub-section 55 (6A), 56 (11) and 57 (8)
147. Payment of unclaimed moneys into Consolidated Revenue Fund
148. Repeal of section 255 and substitution of new section-
255 Transcript of evidence, &c.
149. Evidence of matters stated in notices published in Gazette
150. Evidence of proceedings at meetings of creditors or committee of
151. Evidence of bankruptcy documents
152. Repeal of sections 260 and 261 and substitution of new section-
260 Evidence as to bankruptcy and appointment of trustee, &c.
153. Swearing of affidavits
154. Insertion of new section-
263B False proof of debts
155. Insertion of new sections-
264A Failure of person to attend before the Court, &c.
264B Arrest of person failing to attend before the Court, &c.
264C Refusal to be sworn or give evidence, &c.
264D Prevarication or evasion in the course of examination under section 50, 69 or 81
264E Offences in relation to Registrar or magistrate conducting examination under section 50, 69 or 81
156. Bankrupt obtaining credit without disclosing his bankruptcy, &c.
157. Repeal of section 272 and substitution of new section-
272 Leaving Australia with intent to defeat creditors, &c.
158. Repeal of section 274
159. Bankrupts under repealed Act to continue to be bankrupts under this Act
160. Orders, &c., under repealed Act to continue to have force and effect
161. Repeal of sections 283 and 286
162. Continuance of certain provisions of repealed Act in respect of existing bankruptcies
163. Application of Part XI of Bankruptcy Act 1924-1965 to existing deeds of assignment, &c.
164. Application of Part XII of Bankruptcy Act 1924-1965 to existing deeds of arrangement
165. Repeal of section 294
166. Repeal of section 305 and substitution of new section-
305 Payment of expenses by Commonwealth
167. Insertion of new sections-
306A Protection of Registrars, magistrates, &c., in relation to examinations under section 50, 69 or 81
306B Protection in respect of Official Receivers' reports
306C Protection in respect of trustees' reports
168. Service of notices, &c.
169. Publication of notice of making of sequestration order, discharge, &c.
170. Destruction of old accounts and records
171. Repeal of section 313 and substitution of new section-
313 Audit of accounts and records of the Registrars, the Official Trustee and the Official Receivers
172. Rules and regulations
173. Repeal of Third and Fourth Schedules
174. Formal and other minor amendments
175. Transitional provision
176. Court may resolve difficulties
SCHEDULE - FORMAL AND OTHER MINOR AMENDMENTS
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