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BANKRUPTCY AND FAMILY LAW LEGISLATION AMENDMENT ACT 2005 NO. 20, 2005 - SCHEDULE 4

- Amendments relating to financial agreements under the Family Law Act 1975

Bankruptcy Act 1966

1 At the end of subsection 40(1)

Add:

; (o) if the debtor becomes insolvent as a result of one or more transfers of property in accordance with a financial agreement (within the meaning of the Family Law Act 1975 ) to which the debtor is a party.
2 After subsection 40(7)

Insert:

(7A)
For the purposes of paragraph (1)(o):

(a) transfer of property includes a payment of money; and
(b) a person who does something that results in another person becoming the owner of property that did not previously exist is taken to have transferred the property to the other person.
3 Application of amendments

The amendments made by this Schedule apply in relation to financial agreements (within the meaning of the Family Law Act 1975 ) entered into after the commencement of this item.



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