Commonwealth Numbered Acts

BANKRUPTCY AMENDMENT ACT 1980 No. 12 of 1980 - SECT 33

33. (1) Sections 56 and 57 of the Principal Act are repealed and the following
sections are substituted:



"56. (1) A debtor's petition against a partnership may be presented to the
Registrar by all the members of the partnership or by a majority of the
members of the partnership who are resident in Australia at the time of the
presentation of the petition.



"(2) A petition under this section shall be accompanied by-

   (a)  a statement of affairs of each member of the partnership by whom the
        petition is presented, verified by affidavit;

   (b)  a statement of the partnership affairs, verified by affidavit; and

   (c)  a copy of each of those statements.



"(3) A petition under this section, and a statement of affairs referred to in
sub-section (2), shall each be in accordance with the prescribed form.



"(4) Subject to sub-section (6), where-

   (a)  it appears to the Registrar that a petition presented to him under
        this section is in accordance with the prescribed form and that each
        of the statements of affairs accompanying the petition is also in
        accordance with the prescribed form; or

   (b)  the Court directs, under sub-section (5), the Registrar to accept the
        petition, the petition shall be accepted by the Registrar, who shall
        endorse it accordingly, and thereupon, by force of this section-

   (c)  except in a case to which paragraph (d) applies-each of the members of
        the partnership becomes a bankrupt by virtue of the presentation of
        the petition; or

   (d)  in a case where the petition is accepted by the Registrar in pursuance
        of an order of the Court under paragraph (7) (b)-the petitioning
        partner, or each of the petitioning partners, who gave his consent for
        the purposes of that paragraph becomes a bankrupt by virtue of the
        presentation of the petition.



"(5) Where it appears to the Registrar that a petition presented to him under
this section, or any statement of affairs accompanying such a petition, is not
in accordance with the prescribed form, the Registrar shall not accept the
petition unless the Court, upon reference by the Registrar, directs him to
accept it.



"(6) Where a petition is presented under this section against a partnership by
some, but not all, of the members of the partnership, the Registrar-

   (a)  shall not accept the petition, but shall refer it to the Court; and

   (b)  shall cause notice in accordance with the rules to be given to each of
        the partners who did not join in presenting the petition.



"(7) Upon a reference of a petition under sub-section (6), the Court-

   (a)  may direct the Registrar to accept the petition;

   (b)  may, with the consent of any one or more of the petitioning partners,
        direct the Registrar-

        (i)    to amend the petition by deleting from the petition the name of
               the partner, or of each partner, as the case requires, who did
               not give his consent for the purpose of this paragraph; and

        (ii)   to accept, under sub-section (4), the petition as so amended;
               or

   (c)  may direct the Registrar not to accept the petition.



"(8) The Court shall not make an order under sub-section (5) or (7) of this
section in relation to a petition in relation to which sub-section 253D (1)
applies unless the relevant authority referred to in that last-mentioned
sub-section has had an opportunity of being heard.



"(9) Where members of a partnership become bankrupts by force of this section,
the Registrar shall forthwith give notice of the bankruptcies to the Official
Receiver and furnish to the Official Receiver the copy of each statement of
affairs that accompanied the petition presented by members of the partnership.



"(10) A member of a partnership who has executed a deed of assignment or deed
of arrangement under Part X or whose creditors have accepted a composition
under that Part is not, except with the leave of the Court, entitled to join
in presenting a petition against the partnership under this section unless-

   (a)  the deed of assignment has been declared void or the final dividend
        has been paid under it;

   (b)  the deed of arrangement has been declared void or has been terminated;
        or

   (c)  the composition has been declared void, has been set aside or
        terminated or the final payment has been made under it, as the case
        requires.



"(11) A member of a partnership in relation to whom a stay under a proclaimed
law applies is not, except with the leave of the Court, entitled to join in
presenting a petition against the partnership.



"(12) Where a petition is presented against a partnership in contravention of
sub-section (10) or (11), the presentation of the petition does not have any
effect.



"(13) Where a debtor's petition against a partnership is accepted by the
Registrar in pursuance of an order of the Court under paragraph (7) (a), each
partner resident in Australia, not being a partner who joined in presenting
the petition, shall, within 14 days from the day on which he is notified of
the bankruptcy-

   (a)  make out and file in the office of that Registrar a statement of his
        affairs and furnish a copy of that statement of affairs to the
        Official Receiver; and

   (b)  either on his own account or jointly with another or others of the
        non-petitioning partners-

        (i)    make out and file in the office of that Registrar a statement
               of the partnership affairs; and

        (ii)   furnish a copy of that statement of affairs to the Official
               Receiver.



"(14) A statement of affairs referred to in sub-section (13) shall be in
accordance with the prescribed form and verified by affidavit.



"(15) If a member of a partnership required by sub-section (13) to make out
and file a statement of his affairs and a statement of the partnership affairs
fails to file those statements, or either of those statements, as required by
this section, he is guilty of contempt of court.



"(16) A person who becomes a bankrupt by force of this section continues to be
a bankrupt until-

   (a)  he is discharged by force of section 149;

   (b)  he is discharged by order of the Court; or

   (c)  his bankruptcy is annulled under section 74 or 154.



"(17) A person who states in writing that he is a creditor of a bankrupt who
has become a bankrupt by virtue of the presentation of a debtor's petition
against the members of a partnership, or a creditor of a partnership some or
all of the members of which have become bankrupt by force of this section, may
without fee, and any other person may on payment of the prescribed fee,
inspect, personally or by an agent, any statement of affairs that accompanied,
or has been filed in relation to, the petition presented by members of the
partnership, and may make copies of, or take extracts from, any such statement
of affairs. Debtor's petition by joint debtors who are not partners

"57. (1) Where joint debtors are not in partnership with one another, the
debtors, or any 2 or more of the debtors, may present to the Registrar a
petition jointly against themselves.



"(2) A petition under this section shall be accompanied by-

   (a)  a statement of affairs of each of the petitioning debtors, verified by
        affidavit;

   (b)  a statement of their joint affairs, verified by affidavit; and

   (c)  a copy of each of those statements.



"(3) A petition under this section, and a statement of affairs referred to in
sub-section (2), shall each be in accordance with the prescribed form.



"(4) Where it appears to the Registrar that a petition presented to him under
this section is in accordance with the prescribed form, and that each of the
statements of affairs accompanying the petition is also in accordance with the
prescribed form, or the Court directs, under sub-section (5), the Registrar to
accept the petition-

   (a)  the petition shall be accepted by the Registrar, who shall endorse it
        accordingly; and

   (b)  thereupon, by force of this section, each of the petitioning debtors
        becomes a bankrupt by virtue of the presentation of the petition.



"(5) Where it appears to the Registrar that a petition presented to him under
this section, or any statement of affairs accompanying such a petition, is not
in accordance with the prescribed form, the Registrar shall not accept the
petition unless the Court, upon reference by the Registrar, directs him to
accept it.



"(6) Where joint debtors become bankrupts by force of this section, the
Registrar shall forthwith give notice of the bankruptcies to the Official
Receiver and furnish to the Official Receiver the copy of each statement of
affairs that accompanied the petition presented by the debtors.



"(7) A debtor who has executed a deed of assignment or a deed of arrangement
under Part X or whose creditors have accepted a composition under that Part is
not, except with the leave of the Court, entitled to join in presenting a
petition under this section unless-

   (a)  the deed of assignment has been declared void or the final dividend
        has been paid under it;

   (b)  the deed of arrangement has been declared void or has been terminated;
        or

   (c)  the composition has been declared void, has been set aside or
        terminated or the final payment has been made under it, as the case
        requires.



"(8) A debtor in relation to whom a stay under a proclaimed law applies is
not, except with the leave of the Court, entitled to join in presenting a
petition under this section.



"(9) Where a petition is presented in contravention of sub-section or (8), the
presentation of the petition does not have any effect.



"(10) A person who becomes a bankrupt by force of this section continues to be
a bankrupt until-

   (a)  he is discharged by force of section 149;

   (b)  he is discharged by order of the Court; or

   (c)  his bankruptcy is annulled under section 74 or 154.



"(11) A person who states in writing that he is a creditor of a bankrupt who
has become a bankrupt by virtue of the presentation of a debtor's petition
against joint debtors, or a creditor of joint debtors some or all of whom have
become bankrupts by force of this section, may without fee, and any other
person may on payment of the prescribed fee, inspect, personally or by an
agent, any statement of affairs that accompanied the petition presented by the
joint debtors, and may make copies of, or take extracts from, any such
statement of affairs. Time at which person becomes bankrupt on debtor's
petition

"57A. Where, after the commencement of this section, a person becomes a
bankrupt by virtue of the presentation of a debtor's petition, the person
shall, for the purposes of this Act, be deemed to become a bankrupt at the
first instant of the day on which the petition is accepted by the Registrar.".

(2) Notwithstanding the repeal of section 56 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 debtor's petition against a partnership presented before the
commencement of this section as if that section of the Principal Act had not
been repealed.