Commonwealth Numbered Acts

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BANKRUPTCY AMENDMENT ACT 1980 No. 12 of 1980 - SECT 166

Payment of expenses by Commonwealth
166. Section 305 of the Principal Act is repealed and the following section
substituted:



"305. (1) Where the Minister, upon the application of the Official Receiver,
the trustee of the estate of a bankrupt or the trustee of the estate of a
deceased person that is being administered under Part XI of this Act or Part X
of the repealed Act, is satisfied-

   (a)  that proceedings relating to-

        (i)    the estate of the bankrupt or the deceased person, as the case
               may be; or

        (ii)   the trade dealings, property or affairs of the bankrupt or the
               deceased person, as the case may be, should be instituted,
               continued or defended; or

   (b)  that inquiries should be made concerning-

        (i)    the estate of the bankrupt or his conduct, trade dealings,
               property or affairs; or

        (ii)   the estate of the deceased person or his trade dealings,
               property or affairs, as the case may be, and is also satisfied
               that the moneys in the estate of the bankrupt or the deceased
               person, as the case may be, are, or may be, insufficient to
               meet the cost of the proceedings or inquiries, the Minister
               may, by instrument in writing, direct that the cost of the
               proceedings or inquiries (including any costs that may be
               awarded against the trustee), or such part of the cost of the
               proceedings or inquiries (including any costs that may be
               awarded against the trustee) as is specified in the direction,
               be paid by the Commonwealth and, in that case, the cost or that
               part of the cost, as the case may be, shall be paid accordingly
               out of moneys available under an appropriation made by the
               Parliament.



"(2) A direction made by the Minister under sub-section (1) may be subject to
such conditions (including conditions as to the taxation of all or any costs
and the reimbursement of the Commonwealth, in whole or in part, by the estate
of the bankrupt or the deceased person, as the case may be) as the Minister
thinks fit.



"(3) The Minister may, by instrument in writing, revoke or vary a direction
made by him under sub-section (1).". 


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