Commonwealth Numbered Acts

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BANKRUPTCY AMENDMENT ACT 1980 No. 12 of 1980 - SECT 147

Payment of unclaimed moneys into Consolidated Revenue Fund
147. (1) Section 254 of the Principal Act is amended-

(a) by omitting from sub-section (1) "The Official Receiver in Bankruptcy"
and substituting "the Official Trustee";

   (b)  by inserting after sub-section (2) the following sub-section:



"(2A) Where-

   (a)  the Court has, after the presentation of a creditor's petition against
        a debtor, directed the Official Trustee or an Official Receiver to
        take control of the property of the debtor;

   (b)  the petition has been withdrawn or dismissed;

   (c)  the Official Trustee or Official Receiver, as the case may be, has
        moneys under its control in pursuance of the direction; and

   (d)  it is not reasonably practicable to pay those moneys to the person
        entitled to them, the Official Trustee or Official Receiver, as the
        case may be, shall pay those moneys into the Consolidated Revenue
        Fund."; and

(c) by inserting in sub-section (3) "or (2A)" before "may apply".

(2) Sub-section 254 (2A) of the Principal Act as amended by sub- section (1)
of this section applies in relation to a direction given by the Court either
before or after the commencement of this section. 


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