Commonwealth Numbered Acts

BANKRUPTCY AMENDMENT ACT 1980 No. 12 of 1980 - SECT 152

152. (1) Sections 260 and 261 of the Principal Act are repealed and the
following section is substituted:



"260. (1) The Registrar may give a certificate, under his hand, certifying-

   (a)  that a person named in the certificate-

        (i)    became bankrupt on a date specified in the certificate;

        (ii)   was, on a date specified in the certificate, an undischarged
               bankrupt; or

        (iii)  was, on a date specified in the certificate, discharged from
               bankruptcy;

   (b)  that the bankruptcy of a person named in the certificate was annulled
        on a date specified in the certificate;

   (c)  that a person named in the certificate was, on a date specified in the
        certificate, a registered trustee and was, on that date-

        (i)    the trustee of the estate of a bankrupt, or of a deceased
               debtor, named in the certificate;

        (ii)   the controlling trustee in relation to a debtor named in the
               certificate whose property was, on that date, subject to
               control under Division 2 of Part X;

        (iii)  the trustee of a deed of assignment or deed of arrangement
               executed by a debtor named in the certificate; or

        (iv)   the trustee of a composition or scheme of arrangement accepted
               in relation to a debtor named in the certificate; or

   (d)  that the Official Trustee was, on a date specified in the certificate-

        (i)    the trustee of the estate of a bankrupt, or of a deceased
               debtor, named in the certificate;

        (ii)   the controlling trustee in relation to a debtor named in the
               certificate whose property was, on that date, subject to
               control under Division 2 of Part X;

        (iii)  the trustee of a deed of assignment or deed of arrangement
               executed by a debtor named in the certificate; or

        (iv)   the trustee of a composition or scheme of arrangement accepted
               in relation to a debtor named in the certificate.



"(2) A certificate under sub-section (1) is, in all legal proceedings, prima
facie evidence of the matters stated in the certificate.".

(2) Notwithstanding the repeal of section 260 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 a certificate signed by the Registrar under that section of the
Principal Act before the commencement of this section as if that section of
the Principal Act had not been repealed.

(3) Notwithstanding the repeal of section 261 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 a certificate signed by the Registrar under that section of the
Principal Act before the commencement of this section as if that section of
the Principal Act had not been repealed.