Commonwealth Numbered Acts
[Search this Act]
BANKRUPTCY AMENDMENT ACT 1987 No. 119 of 1987 - SECT 83
Application of general provisions of Act to deeds of assignment
83. (1) Section 231 of the Principal Act is amended:
(a) by omitting subsection (1) and substituting the following subsection:
"(1) Section 81 applies in relation to a debtor who has executed a deed of
assignment that has become binding on his or her creditors and so applies as
(a) the debtor were a bankrupt; and
(b) the trustee of the deed were the trustee in the debtor's bankruptcy.";
(b) by omitting from subsection (2) all the words before "in relation to"
and substituting "Subsection 58 (4) and sections 60, 61, 62, 70, 71,
72, 82 to 118 (inclusive), 120 to 125 (inclusive), 127 to 130
(inclusive) and 133 to 148 (inclusive) apply, with the prescribed
modifications (if any),";
(c) by omitting from subsection (3) "of the provisions of this Act
specified in subsection (2) to and in relation to a deed of
assignment-" and substituting ", by virtue of subsections (1) and (2),
of the provisions referred to in those subsections:";
(d) by omitting from paragraph (3) (a) "and";
(e) by adding at the end of subsection (3) the following word and
"; and (c) a reference to the end of the bankruptcy shall be read as a
reference to the end of the deed of assignment.";
(f) by omitting from subsection (4) all the words before "in relation to"
and substituting "Subsections 157 (6) and (7) and sections 162 to 184
(inclusive) apply, with the prescribed modifications (if any),";
(g) by omitting from subsection (5) "modifications and adaptations made by
the rules" and "to or in relation to" and substituting "prescribed
modifications" and "in relation to", respectively; and
(h) by omitting subsection (6).
(2) The amendments made by subsection (1) apply in relation to a deed of
assignment whenever executed.
AustLII: Copyright Policy