Commonwealth Numbered Acts

BANKRUPTCY AMENDMENT ACT 1991 No. 9 of 1992 - SECT 36

36. After section 231 of the Principal Act the following section is inserted:
Right of debtor to remaining property

"231A.(1) The debtor is entitled to any property remaining after payment in
full of:

   (a)  the costs, charges and expenses of the administration of the deed of
        assignment; and

   (b)  all provable debts; and

   (c)  interest on interest-bearing provable debts.

"(2) The Court may make an order directing the trustee not to pay or transfer
the property, or a specified part of the property, referred to in subsection
(1), to the debtor if:

   (a)  the Director of Public Prosecutions, or a person who is entitled to
        apply for an interstate confiscation order under a corresponding law,
        applies to the Court for an order under this subsection; and

   (b)  the Court is satisfied that:

   (i)  proceedings are pending under the Proceeds of Crime Act  1987 or a
        corresponding law; and

   (ii) property of the debtor may:

                (A)  become subject to a forfeiture order or interstate
                     forfeiture order made in the proceedings; or

                (B)  be required to satisfy a pecuniary penalty order or
                     interstate pecuniary penalty order made in the
                     proceedings.

"(3) The Court, on application made to it, may vary or revoke an order made
under subsection (1).".