Commonwealth Numbered Acts

BANKRUPTCY AMENDMENT ACT 1980 No. 12 of 1980 - SECT 138

138. After section 247 of the Principle Act the following section is inserted:



"247A. (1) Administration of the estate of a deceased person under this Part
by virtue of an order made by the Court under section 244 or 247 after the
commencement of this section shall be deemed to have relation back to, and to
have commenced at-

   (a)  if the deceased person was on the day of his death unable to pay his
        debts as they became due from his own moneys and had committed any act
        or acts of bankruptcy within the period of 6 months immediately
        preceding the day on which he died-the time of the commission of that
        act, or the first of those acts, as the case may be;

   (b)  if the deceased person was on the day of his death unable to pay his
        debts as they became due from his own moneys, but had not committed
        any act of bankruptcy within the period of 6 months immediately
        preceding the day on which he died-the time of his death; or

   (c)  if the deceased person was on the day of his death able to pay his
        debts as they became due from his own moneys-the time of the
        presentation of the petition on which the order was made.



"(2) Administration of the estate of a deceased person under this Part by
virtue of an order made by the Court under section 245 on a creditor's
petition shall be deemed to have relation back, and to have commenced at, the
time of the commission of the earliest act of bank- ruptcy committed by the
deceased person within the period of 6 months immediately preceding the date
on which the petition was presented.".