Commonwealth Numbered Acts

BANKRUPTCY AMENDMENT ACT 1980 No. 12 of 1980 - SECT 44

44. (1) Section 85 of the Principal Act is amended by inserting after
sub-section (2) the following sub-sections:



"(2A) Where the trustee is of the opinion that it is desirable that all the
matters, or some of the matters, contained in a proof of debt lodged with him
by a person in pursuance of this section should be verified by statutory
declaration, the trustee may serve on the person a notice, in accordance with
the prescribed form, informing the person that he is of that opinion and that,
unless the person lodges with the trustee a statutory declaration verifying
the matters contained in the proof of debt or such of those matters as the
trustee specifies in the notice, the trustee will administer the estate as if
the proof of the debt had not been lodged.



"(2B) A statutory declaration verifying matters in a proof of debt lodged by a
person in pursuance of this section may be made by the person or by a
prescribed person on behalf of that person.



"(2C) Where the trustee serves a notice on a person under sub-section (2A) in
respect of a proof of debt, the proof of debt shall, for the purposes of this
Act (other than section 263 or 263B), be deemed not to have been lodged with
the trustee unless and until the person has lodged with the trustee a
statutory declaration verifying the matters in the proof of debt or such of
those matters as are specified in the notice, as the case requires.



"(2D) A proof of debt under this section, or a statutory declaration referred
to in sub-section (2A), sent to the trustee by post as certified mail (postage
being prepaid) shall be deemed to have been lodged with the trustee and shall
be deemed to have been so lodged at the time at which it would have been
delivered in the ordinary course of post unless it is shown that the trustee
did not receive it at that time.".

(2) The amendments of section 85 of the Principal Act made by sub- section (1)
of this section do not apply in relation to a proof of debt lodged with a
trustee, before the commencement of this section, in pursuance of section 85
of the Principal Act.