Commonwealth Numbered Acts

BANKRUPTCY AMENDMENT ACT 1980 No. 12 of 1980 - SECT 117

117. Section 222 of the Principal Act is amended-

(a) by inserting in sub-section (1) "the Registrar," before "the trustee";

   (b)  by omitting sub-section (2) and substituting the following sub-
        section:



"(2) Upon the hearing of an application made under sub- section (1), the Court
may, subject to this section, make an order-

   (a)  declaring that the deed or composition is void, or that it is not
        void, on the ground specified in the application; or

   (b)  declaring that a provision of the deed is void, or is not void, on the
        ground specified in the application.";

   (c)  by adding at the end of sub-section (4) "or declaring any provision of
        the deed or composition to be void";

   (d)  by inserting in sub-section (5) ", or a provision of a deed or
composition," after "a deed or composition"; and

   (e)  by adding at the end thereof the following sub-section:



"(10) Where in the course of proceedings before the Court (other than
proceedings by way of an application under sub-section (1)), the Court becomes
of the opinion that there is a doubt, on a particular ground, whether a deed
of assignment or deed of arrangement was entered into in accordance with this
Part or complies with the requirements of this Part, or whether a composition
has been accepted by a special resolution of a meeting of creditors under
section 204, and that it is desirable that the doubt be resolved, the Court
may direct the Registrar to apply to the Court under sub-section (1) for an
order under sub-section (2) in relation to the matter.".