Commonwealth Numbered Acts

BANKRUPTCY AMENDMENT ACT 1980 No. 12 of 1980 - SECT 36

36. (1) Section 60 of the Principal Act is amended by omitting sub- section
(1) and substituting the following sub-section:



"(1) The Court may, at any time after the presentation of a petition, upon
such terms and conditions as it thinks fit-

   (a)  discharge an order made, whether before or after the commencement of
        this sub-section, against the person or property of the debtor under
        any law relating to the imprisonment of fraudulent debtors and, in a
        case where the debtor is imprisoned or otherwise held in custody under
        such a law, discharge the debtor out of custody; or

   (b)  stay any legal process, whether civil or criminal and whether
        instituted before or after the commencement of this sub-section,
        against the person or property of the debtor-

        (i)    in respect of the non-payment of a provable debt or of a
               pecuniary penalty payable in consequence of the non- payment of
               a provable debt; or

        (ii)   in consequence of his refusal or failure to comply with an
               order of a court, whether made in civil or criminal
               proceedings, for the payment of a provable debt, and, in a case
               where the debtor is imprisoned or otherwise held in custody in
               consequence of the non-payment of a provable debt or of a
               pecuniary penalty referred to in sub-paragraph (i) or in
               consequence of his refusal or failure to comply with an order
               referred to in sub-paragraph (ii), dishcarge the debtor out of
               custody.".

(2) Sub-section 60 (1) of the Principal Act as amended by sub-section (1) of
this section applies in relation to a debtor against whom a petition was
presented before, or is presented after, the commencement of this section.

(3) The amendment of section 60 of the Principal Act made by sub- section (1)
of this section does not affect an order of the Court made under section 60 of
the Principal Act before the commencement of this section.