Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Subsection 5(1) (definition of District )
Repeal the definition.
2 Subsection 5(1) (definition of the Official Receiver )
Repeal the definition, substitute:
"the Official Receiver" means any Official Receiver.
3 Section 5AA
Repeal the section.
4 Section 13
Repeal the section.
5 Subsection 15(1)
Repeal the subsection, substitute:
(1) There is to be such number of Official Receivers as the Minister thinks necessary.
6 Subsection 18(8)
Repeal the subsection, substitute:
(8) The Official Receiver may exercise the powers, and perform the functions, of the Official Trustee.
7 Subsection 18(8B)
Omit "mentioned in subsection (8)", substitute:
related to any of the following matters:
(a) a bankruptcy;
(b) control of a debtor's property under section 50;
(c) a scheme of arrangement or composition under Division 6 of Part IV;
(d) a matter relating to a debt agreement proposal;
(e) Part X administration;
(f) administration under Part XI.
8 After subsection 18(8D)
Insert:
(8E) In subsection (8B):
"matter relating to a debt agreement proposal" includes:
(a) a debt agreement; and
(b) an activity required or permitted by a debt agreement.
Part X administration means:
(a) an activity that a controlling trustee may or must carry out after consenting to exercise powers given by an authority under section 188 (including control of a debtor's property under Division 2 of Part X); or
(b) a personal insolvency agreement.
9 Subsection 20B(5)
Repeal the subsection.
10 Subsection 52(1A)
Omit "for the District in which the order was made".
11 Paragraphs 54(1)(a) and (2)(a)
Omit "for the District in which the sequestration order was made".
12 Subsection 73(1A)
Omit "for the District in which the bankrupt resides".
13 Subsection 73(1B)
Omit "District", substitute "place".
14 Subsection 182(4)
Omit "for the District in which the trustee was ordinarily resident".
15 Subsection 185ZA(1)
Omit "for the District in which the debt agreement administrator was ordinarily resident".
16 Subsection 188(5)
Omit "for the District in which the debtor resides".
17 Transitional
(1) A person who is an Official Receiver for a District immediately before the commencement of this item is taken to have been appointed, at the commencement of this item, under section 16 of the Bankruptcy Act 1966 as an Official Receiver.
(2) The amendment made by item 6 does not affect the validity of the exercise of a power or the performance of a function by an Official Receiver before the commencement of that item.