Commonwealth Numbered Acts

BANKRUPTCY AMENDMENT ACT 1980 No. 12 of 1980 - SECT 100

100. Section 187 of the Principal Act is amended-

(a) by omitting from the definition of "divisible property" in sub-section
(1) "acquired by the debtor" and substituting "that was acquired by, or
devolved on, the debtor on or";

(b) by omitting from paragraph (a) of the definition of "the controlling
trustee" in sub-section (1) "or";

(c) by adding at the end of the definition of "the controlling trustee" in
sub-section (1) the following word and paragraph:



"; or (c) if the Official Trustee is acting as the controlling trustee by
virtue of sub-section 192 (3), the Official Trustee;"; and

   (d)  by inserting after sub-section (1) the following sub-section:



"(1A) Without limiting the definition of 'debtor' in sub- section (1), a
reference in this Part to a debtor shall, unless the contrary intention
appears, be read as including a reference to a person who is for the time
being unable to pay his debts as they become due out of his own moneys,
whether or not the person may ultimately be able so to pay his debts.".