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BANKRUPTCY AMENDMENT ACT 1980


TABLE OF PROVISIONS

           
   1.      Short title, &c.
   2.      Commencement
   3.      Interpretation
   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
           20A Interpretation
           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
           sequestration
   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
   100.    Interpretation
   101.    Insertion of new section-
           187A Application of Part to joint debtors
   102.    Debtor may authorize trustee or solicitor to call meeting of creditors,
           &c.
   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
   107.    Quorum
   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
           inspection
   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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