Commonwealth Numbered Acts

BANKRUPTCY AMENDMENT ACT 1980 No. 12 of 1980 - SECT 148

148. (1) Section 255 of the Principal Act is repealed and the following
section is substituted:



"255. (1) In this section-

'approved person' means a person, or a person included in a class of persons,
approved in writing by the Registrar for the purposes of this section;

'approved shorthand writer' means a shorthand writer, or a shorthand writer
included in a class of shorthand writers, approved in writing by the Registrar
for the purposes of this section;

'approved steno-type machine operator' means a steno-type machine operator, or
a steno-type machine operator included in a class of steno-type machine
operators, approved in writing by the Registrar for the purposes of this
section.



"(2) Any evidence, argument, ruling or direction in proceedings under this Act
before the Court, shall, unless the Court otherwise directs, be recorded in
accordance with this section.



"(3) Any evidence to be given before the Registrar or a magistrate shall,
unless the Registrar or magistrate otherwise directs, be recorded in
accordance with this section.



"(4) Where any evidence, argument, ruling or direction is required by
sub-section (2) or (3) to be recorded in accordance with this section, the
evidence, argument, ruling or direction, as the case may be, shall be-

   (a)  taken down by an approved shorthand writer;

   (b)  taken down by an approved steno-type machine operator by means of a
        steno-type machine;

   (c)  recorded by an approved person by means of sound recording apparatus;
        or

   (d)  taken down or recorded in such other manner as is prescribed.



"(5) The Registrar shall give such directions as he considers necessary for
ensuring that, in any case where a transcript of any evidence, argument,
ruling or direction taken down or recorded in accordance with this section is
required, or may be required, a transcript is prepared.



"(6) Where a transcript of any evidence, argument, ruling or direction is
prepared in pursuance of directions of the Registrar under sub-section (5),
the transcript shall be certified, or certified, signed and sealed, as
prescribed.



"(7) Where a transcript of any evidence, argument, ruling or direction in
proceedings before the Court is prepared in pursuance of directions of the
Registrar under sub-section (5), the cost of preparing the transcript,
including any cost of the copy of the transcript for the use of the Court,
shall be costs in the proceedings.



"(8) Where a transcript of any evidence given before the Registrar or a
magistrate is prepared in pursuance of directions of the Registrar under
sub-section (5), the cost of preparing the transcript, including any cost of
the copy of the transcript for the use of the Registrar or the magistrate,
shall, subject to any order of the Court-

   (a)  in the case of evidence given in relation to a bankruptcy-be deemed to
        be costs awarded by the Court out of the estate of the bankrupt; or

   (b)  in the case of evidence given in relation to a deed of assignment or a
        deed of arrangement-be deemed to be costs awarded by the Court against
        the trustee of the deed in his capacity as trustee and to be payable
        by the trustee as a cost of the administration of the deed.



"(9) Where evidence given by a person before the Court, the Registrar or a
magistrate is admissible in proceedings under this Act, the evidence may be
proved by the production of a transcript of the evidence, being a transcript
certified, or certified, signed and sealed, as prescribed.



"(10) For the purposes of sub-section (9), a document purporting to be a
transcript of evidence given by a person before the Court, the Registrar or a
magistrate and to be certified, or certified, signed and sealed, as prescribed
shall, unless the contrary is proved, be deemed to be such a transcript and to
have been duly prepared and duly certified, or certified, signed and sealed.".

(2) Notwithstanding the repeal of section 255 of the Principal Act effected by
sub-section (1) of this section, the provisions of that section of the
Principal Act continue to apply, after the commencement of this section, in
relation to any evidence, argument, ruling or direction taken down or recorded
in pursuance of a direction under sub-section 255 (2) or (3) of the Principal
Act before the commencement of this section, and to any transcript produced of
any such evidence, argument, ruling or direction, as if section 255 of the
Principal Act had not been repealed.