Commonwealth Numbered Acts

CUSTOMS AMENDMENT ACT (NO. 2) 1980 No. 13 of 1980 - SECT 5

5. (1) Section 243M of the Principal Act is repealed and the following section
substituted:



"243M. (1) Where, after the Official Trustee has been directed by an order
under sub-section (1) of section 243G to pay an amount to the Commonwealth in
relation to the liability of a person to pay a pecuniary penalty, notice in
writing of the presentation of a creditor's petition against the person is
given to the Official Trustee, the Official Trustee-

   (a)  shall refrain from taking action to sell property of the person in
        pursuance of any direction to do so contained in an order under that
        section; and

   (b)  shall not pay to the Commonwealth any moneys in pursuance of the
        direction to do so contained in the first-mentioned order, until the
        petition has been dealt with by a bankruptcy court or has lapsed.



"(2) Where, after the Official Trustee has been directed by an order under
sub-section (1) of section 243G to pay an amount to the Commonwealth in
relation to the liability of a person to pay a pecuniary penalty, notice in
writing of the reference to a bankruptcy court of a debtor's petition against
the person is given to the Official Trustee, the Official Trustee-

   (a)  shall refrain from taking action to sell property of the person in
        pursuance of any direction to do so contained in an order under that
        section; and

   (b)  shall not pay to the Commonwealth any moneys in pursuance of the
        direction to do so contained in the first-mentioned order, until a
        bankruptcy court has dealt with the petition.



"(3) Where a person who is liable to pay a pecuniary penalty becomes a
bankrupt (whether on a creditor's petition or otherwise), any property of the
person in the possession, or under the control, of the Official Trustee in
accordance with an order made under this Division shall be deemed to be in the
possession, or under the control, of the Official Trustee as, or on behalf of,
the trustee of the estate of the bankrupt, and not otherwise.



"(4) In this section, 'bankruptcy court' means a court having jurisdiction in
bankruptcy under the Bankruptcy Act 1966.".

(2) Notwithstanding the amendments made by sub-section (1) of this section,
where an order has been made by the Court under sub-section 243E (2) of the
Principal Act before the commencement of this Act in relation to property of a
person, the provisions of section 243M of the Principal Act continue to apply,
after the commencement of this Act, subject to sub-section (3) of this
section, in relation to that property as if that section of the Principal Act
had not been repealed.

(3) Section 243M of the Principal Act has effect, after the commencement of
this Act, in relation to property referred to in sub-section (2) of this
section as if-

(a) "The Official Reveiver in Bankruptcy" were omitted from sub- section (1)
and "the Official Trustee" were substituted;

   (b)  the following sub-section were inserted after sub-section (1)-



"(1A) Where, after an Official Receiver has been directed by an order under
sub-section (1) of section 243G to pay an amount to the Commonwealth in
relation to the liability of a person to pay a pecuniary penalty, notice in
writing of the reference to a bankruptcy court of a debtor's petition against
the person is given to the Official Receiver, the Official Receiver-

   (a)  shall refrain from taking action to sell property of the person in
        pursuance of any such direction contained in the order; and

   (b)  shall not pay to the Commonwealth any moneys in pursuance of the
        direction contained in the order, until a bankruptcy court has dealt
        with the petition.";

   (c)  "the official receiver" (last occurring) were omitted from paragraph
        (a)
of sub-section (2) and "the Official Trustee" were substituted;

(d) "The Official Receiver in Bankruptcy" were omitted from paragraph (b) of
sub-section (2) and "the Official Trustee" were substituted; and

   (e)  the following sub-section were added at the end thereof:



"(3) In this section, 'bankruptcy court' means a court having jurisdiction in
bankruptcy under the Bankruptcy Act 1966.".