Commonwealth Numbered Acts

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BANKRUPTCY AMENDMENT ACT 1987 No. 119 of 1987 - SECT 20

Debtor's petition
20. (1) Section 55 of the Principal Act is amended by omitting subsections
(1), (2), (3) and (4) and substituting the following subsections:

"(1) Subject to this section, a debtor may present to the Registrar a petition
against himself or herself.

"(2) A petition presented by a debtor under this section:

   (a)  shall be in accordance with the prescribed form; and

   (b)  shall be accompanied by a statement of the debtor's affairs and a copy
        of that statement.

"(3) Where a petition is presented under this section, the Registrar shall:

   (a)  if it appears to the Registrar that the petition, and the statement of
        affairs accompanying the petition, comply with subsection (2)-accept
        the petition; or

   (b)  in any other case-reject the petition or refer it to the Court for a
        direction to accept or reject it.

"(4) The Registrar shall comply with a direction given by the Court on a
reference under subsection (3).

"(4A) Where the Registrar accepts a petition presented under this section:

   (a)  he or she shall endorse the petition accordingly; and

   (b)  upon the Registrar endorsing the petition, the debtor who presented
        the petition becomes a bankrupt by force of this section and by virtue
        of presentation of the petition.".

(2) Notwithstanding subsection (1), section 55 of the Principal Act continues
to apply in relation to a petition presented under that section before the
commencement of this section. 


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