Commonwealth Numbered Acts

BANKRUPTCY AMENDMENT ACT 1987 No. 119 of 1987 - SECT 21

21. (1) Section 56 of the Principal Act is amended:

   (a)  by inserting in subsection (2) "shall be in accordance with the
prescribed form and" after " section";

   (b)  by omitting from paragraphs (2) (a) and (b) ", verified by affidavit";

   (c)  by omitting subsection (3);

   (d)  by omitting paragraphs (4) (a) and (b) and substituting the following
        paragraphs:

"(a) it appears to the Registrar that a petition presented under this section,
and each statement of affairs accompanying the petition, comply with
subsection (2); or

   (b)  on a reference under subsection (5) or (6), the Court directs the
        Registrar to accept a petition presented under this section;";

   (e)  by omitting subsection (5) and substituting the following subsection:

"(5) Where it appears to the Registrar that a petition presented under this
section, or a statement of affairs accompanying such a petition, does not
comply with subsection (2), the Registrar shall:

   (a)  reject the petition; or

   (b)  refer the petition to the Court for a direction to accept or reject
        the petition.";

   (f)  by omitting from paragraph (7) (c) "not to accept" and substituting
        "to reject";

   (g)  by inserting after subsection (7) the following subsection:

"(7A) The Registrar shall reject a petition where so directed on a reference
under subsection (5) or (6).";

   (h)  by omitting from subsection (8) "under subsection (5) or (7) of this
        section" and substituting "on a reference under subsection (5) or
        (6)"; and

   (j)  by omitting subsection (14).

(2) Notwithstanding subsection (1), section 56 of the Principal Act continues
to apply in relation to a petition presented under that section before the
commencement of this section.