Commonwealth Numbered Regulations Commonwealth Numbered RegulationsNote: See subsection 9(1).
Schedule 2 -- Modifications of the FBTA Act
Note: See the definition of FBTA Act in section 4 and subsection 33(2).
1 Subsections 7(1), (2), (3) and (4)
Repeal the subsections, substitute:
(1) Where, at any time on a day, a person:
(a) applies a car held by the person; or
(b) makes a car held by the person available;
for the private use of a bankrupt, the car is taken, for the purposes of this Act, to constitute a benefit provided on that day by the person to the bankrupt.
2 Subsections 8(1) and (2)
Repeal the subsections.
Repeal the section, substitute:
9 Taxable value of car fringe benefits--statutory formula
(1) Subject to this Part, where one or more car fringe benefits in relation to an employer in relation to a contribution assessment period relate to a particular car held by a particular person (the provider ), the taxable value of that fringe benefit, or the aggregate of the taxable values of those fringe benefits, as the case may be, in relation to that contribution assessment period, is the amount calculated in accordance with the formula:
(2) For the purposes of this section:
(a) the base value of the car is the sum of:
(i) where, at the earliest holding time, the car was owned by the provider or an associate of the provider, the amount calculated in accordance with the formula AB , where:
"A " is the cost price of the car to the provider or associate, as the case may be; and
"B " is:
(A) in a case where the commencement of the contribution assessment period is later than the fourth anniversary of the earliest holding time--⅔; or
(B) in any other case--1; and
(ii) in a case to which subparagraph (i) does not apply--the amount calculated in accordance with the formula AB , where:
"A " is the leased car value of the car at the earliest holding time; and
"B " is:
(A) in a case where the commencement of the contribution assessment period is later than the fourth anniversary of the earliest holding time--⅔; or
(B) in any other case--1; and
(iii) the cost price of each non-business accessory that:
(A) was fitted to the car after the earliest holding time and before the end of the contribution assessment period; and
(B) remained fitted to the car at a time during the contribution assessment period when the car was held by the provider;
(b) the earliest holding time, in relation to a car held by the provider at a particular time (the current time ), is the earliest time before the current time when the car was held by the provider or an associate of the provider; and
(c) the amount of the recipient's payment is the sum of:
(i) in a case where expenses were incurred to the provider or employer during the holding period by recipients of the car fringe benefits by way of consideration for the provision of the car fringe benefits--the amount of those expenses paid by the recipients less any amount paid or payable to the recipients by way of reimbursement of those expenses; and
(ii) in a case where car expenses in respect of fuel or oil for the car were incurred during the holding period by recipients of the car fringe benefits and the persons incurring those expenses give to the employer, before the declaration date, declarations, in a form approved by the Inspector-General under section 6D of the Bankruptcy Act 1966 , in respect of those expenses--the amount of those expenses paid by the recipients less any amount paid or payable to the recipients by way of reimbursement of those expenses; and
(iii) in a case where:
(A) car expenses in respect of the car (other than car expenses in respect of fuel or oil for the car) were incurred during the holding period by recipients of the car fringe benefits; and
(B) documentary evidence of those expenses is obtained by the persons incurring the expenses and given to the employer before the declaration date;
the amount of those expenses paid by the recipients less any amount paid or payable to the recipients by way of reimbursement of those expenses; and
(d) the holding period is the period in the contribution assessment period when the car was held by the provider.
Example:
Christopher was declared bankrupt on 1 July 2020.
In June 2021 Christopher's employer acquires a car for Christopher's use. The purchase price, and base value, of the car is $20,000.
As part of his employment arrangement, the car is made available to Christopher for the entire period 1 July 2021 to 30 June 2022 during which time he travels 10,000 kilometres. During the period Christopher makes a $300 contribution to expenses in the form of unreimbursed expenditure on petrol.
It is necessary to assess the value of a car fringe benefit provided to Christopher by his employer for the contribution assessment period 1 July 2021 to 30 June 2022.
Applying the formula in subsection (1), the value of the car fringe benefit is calculated as follows:
(3) In this section:
"declaration date " means the date occurring 21 days after the end of a contribution assessment period in relation to a bankrupt.
"taxable value " of a fringe benefit means the value, for the purposes of the Bankruptcy Act 1966 , of the benefit.
4 Sections 10 to 12
Repeal the sections.
5 Subsection 13(1)
Omit all the words after " section 9".
6 Section 22A
Repeal the section.
Omit "external".
Repeal the section, substitute:
26 Taxable value of housing fringe benefits
Subject to this Part, the value of a housing fringe benefit in relation to a contribution assessment period is the portion of the market value of the recipient's current housing right that exceeds the recipient's rent.
9 Sections 28 to 29A
Repeal the sections.
10 At the end of section 31
Add:
(2) For the purposes of this section, "deducted home consumption expenditure" referred to in the definition of exempt food component in section 136 is to be taken to be:
(a) in relation to a person of the age of 12 years or over--$42; and
(b) in relation to a person under the age of 12 years--$21.
Example: Calculation of the value of a living-away-from-home allowance .
Assume that a bankrupt living away from their family is given a living-away-from-home allowance of $220 a week. Of this amount, $100 represents reasonable compensation for the costs of accommodation (i.e. the "exempt accommodation component" is $100), and $80 represents reasonable compensation for the cost of food.
The remaining $40 is compensation for the disadvantage of living away from home in a town where facilities that would be available at home are not available.
Under subsection 31(2), the exempt food component is $80 minus $42 (i.e. the compensation for increased food cost less the deducted home consumption expenditure). The value of the benefit is:
$200 - $100 - ($80 - $42) = $62
11 Sub-subparagraph 32(b)(ii)(B)
Omit "and".
12 Paragraph 32(c)
Repeal the paragraph.
13 Section 36
Repeal the section, substitute:
36 Taxable value of board fringe benefits
Subject to this Part, the value of a board fringe benefit is:
(a) in relation to a contribution assessment period beginning:
(i) on 1 July 1992; or
(ii) during the year beginning on 1 July 1992;
$1; and
(b) in relation to a later contribution assessment period--a sum worked out according to the formula:
where:
CPI is the increase in the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities published by the Australian Statistician in respect of the period that commences on 1 July 1992 and ends immediately before the start of the financial year in which the contribution assessment period commences.
14 Section 37
Repeal the section.
15 Division 11 of Part III
Repeal the Division.
16 Section 46
Repeal the section, substitute:
46 Contribution assessment period in which residual fringe benefits are to be assessed
A residual benefit that is provided during a period which extends over 2 or more contribution assessment periods is subject to assessment for income contribution in each of those periods.
17 Sections 48 and 49
Repeal the sections.
18 Section 50
Repeal the section, substitute:
50 Value of residual fringe benefits
Subject to this Part, the value of a residual fringe benefit in relation to a contribution assessment period is the cost to the provider of providing the benefit, reduced by the amount of the recipient's contribution.
19 Section 51
Repeal the section.
20 Divisions 14, 14A and 14B of Part III
Repeal the Divisions.
21 Subsection 136(1)
Insert:
"contribution assessment period " has the meaning given by section 139K of the Bankruptcy Act 1966 as in force from time to time.
22 Subsection 136(1) (definition of family member )
Repeal the definition, substitute:
"family member " , in relation to:
(a) a benefit provided to an employee, or to an associate of an employee, means:
(i) the employee; or
(ii) the spouse of the employee; or
(iii) a child of the employee; and
(b) a benefit provided to a bankrupt, or to an associate of a bankrupt, means:
(i) the bankrupt; or
(ii) the spouse of the bankrupt; or
(iii) a child of the bankrupt;'.
23 Subsection 136(1) (definition of fringe benefit )
Repeal the definition, substitute:
"fringe benefit " , in relation to a bankrupt, in relation to a contribution assessment period, means a benefit provided at any time during the period by any person to the bankrupt, other than:
(a) a benefit provided to the bankrupt by the bankrupt's spouse under, or because of a genuine maintenance agreement between the spouses; or
(b) a benefit provided under a maintenance order, within the meaning of the Bankruptcy Act 1966 as in force from time to time; or
(c) the benefit of an order by a court in favour of the bankrupt in respect of costs of litigation; or
(d) educational expenses paid by any person in respect of a child of:
(i) the bankrupt; or
(ii) the bankrupt's spouse; or
(e) the amount of a refund, or part of a refund, due by the Commissioner to the bankrupt under a law of the Commonwealth, being an amount that the Commissioner has lawfully offset against a tax liability, within the meaning of the Taxation Administration Act 1953 as in force from time to time, of the bankrupt; or
(f) subject to subsection (1A), a benefit of a kind referred to in paragraphs (f) to (p) (inclusive) of the definition of fringe benefit in this Act (in its unmodified form) as in force at the beginning of 1 July 1992; or
(g) support by way of one or both of the following:
(i) lodging (including any board);
(ii) occasional use of a motor vehicle used for domestic purposes;
up to a value of $250 a week, if the support is provided by a person in the person's principal place of residence, and the person is:
(iii) a close relative; or
(iv) a brother or sister (including a half-brother, half- sister, adoptive brother or adoptive sister);
of the bankrupt.
Note: Close relative , in relation to a person, is defined in section 136 of the Fringe Benefits Tax Assessment Act 1986 as:
(a) the spouse of the person; or
(b) a child or parent of the person; or
(c) a parent of the person's spouse.
24 After subsection 136(1)
Insert:
(1A) For the purposes of paragraph (f) of the definition of fringe benefit in subsection (1), paragraph (h) of the paragraphs referred to in that paragraph has effect as if "the employee, or by a relative of the employee," were omitted and "the bankrupt" substituted.
Schedule 3 -- Modifications in relation to Part X of the Act
Part 1 -- Modifications of Part X of the Act--joint debtors
Note: See section 58.
1 Section 187A
Omit "This Part", substitute "(1) This Part".
2 At the end of section 187A
Add:
(2) In the application of this Part (other than subsection 187(1A)) to joint debtors, whether partners or not, an expression specified in one of the following rules of interpretation applies to the extent that the context reasonably permits:
(a) "a debtor" is to be read as "joint debtors";
(b) "the debtor" is to be read as "the joint debtors";
(c) "the debtor's" is to be read as "the joint debtors";
(d) if used in relation to a debtor:
(i) "he or she" is to be read as "they"; and
(ii) "his or her" is to be read as "their"; and
(iii) "him or her" is to be read as "them"; and
(iv) a noun or verb in the singular form is to be read as being in the plural form.
(3) Subsection (2) applies, subject to any specific modifications of this Part by the Bankruptcy Regulations 2021 .
(4) To the extent that the context reasonably permits, a reference (by operation of subsection (2)) to joint debtors includes a reference to any of the joint debtors.
(5) A reference to the affairs, or examinable affairs, of a debtor includes a reference to the separate affairs, or separate examinable affairs, of a joint debtor.
3 Subsection 188(1)
Omit "A debtor", substitute "If each joint debtor is a person".
4 Subsection 188(1)
Before "may sign", insert "the joint debtors".
5 Subsections 188(2AA) and (2AB)
Omit "the debtor", substitute "each joint debtor".
6 Subsections 188(2C) and (2D)
Omit "the debtor" (second occurring), substitute "each joint debtor".
7 Subsection 188(4)
Before "debtor", insert "joint".
8 Paragraph 188A(2)(a)
Omit "the debtor's property (whether or not already owned by the debtor when he or she executes the agreement)", substitute "each joint debtor's property (whether or not already owned by that joint debtor when the joint debtors execute the agreement)".
9 Paragraph 188A(2)(c)
Omit "the debtor's income (whether or not already derived by the debtor when he or she executes the agreement)", substitute "each joint debtor's income (whether or not already derived by that joint debtor when the joint debtors execute the agreement)".
10 Paragraphs 188A(2)(e) and (l)
Omit "the debtor", substitute "each joint debtor".
11 Subsection 189AB(1)
Omit "When the debtor's property becomes subject to control under this Division, the debtor's property is charged with", substitute "When the property of joint debtors becomes charged under this Division, the charges specified in subsection (1A) are created with respect to".
12 After subsection 189AB(1)
Insert:
(1A) The charges are:
(a) a charge over the joint property of the joint debtors; and
(b) a separate charge over the separate property of each joint debtor.
13 Subsection 189AB(2)
Omit "the charge is not affected", substitute "none of the charges is affected".
14 Subsections 189AB(3) and (4)
Omit "The charge", substitute "Each charge".
15 Paragraph 189A(1)(a)
Repeal the paragraph, substitute:
(a) summarising and commenting on the information about:
(i) the joint estates of the joint debtors; and
(ii) the separate estate of each joint debtor;
that is available to the controlling trustee; and
16 Subsection 219(2)
Repeal the subsection, substitute:
(2) For the purposes of subsection (1), the prescribed official name is "The Trustee (or Trustees) of the Property of (names of debtors), joint debtors".
Note: See section 63.
17 Before Division 1 of Part VIII
Insert:
In this Part, in its application to Part X, a reference to a registered trustee includes a reference to a controlling trustee and a trustee of a personal insolvency agreement.
18 Section 156A
Repeal the section.
19 Subsection 157(1)
Repeal the subsection, substitute:
(1) If:
(a) the Official Trustee is:
(i) under section 188 or 192, the controlling trustee in relation to a debtor; or
(ii) under Part X, the trustee of a personal insolvency agreement; and
(b) the creditors wish to appoint, in place of the Official Trustee:
(i) a registered trustee or a solicitor as the controlling trustee; or
(ii) a registered trustee as the trustee of the personal insolvency agreement;
the creditors may do so by resolution at a meeting of creditors.
20 Section 158
Repeal the section, substitute:
158 Appointment of 2 or more controlling trustees
The creditors may appoint 2 or more controlling trustees jointly, or jointly and severally.
21 Section 159
Repeal the section.
22 Section 160
Repeal the section, substitute:
160 Vacancy in position of trustee--Official Trustee to act
If at any time there is no controlling trustee in relation to a debtor, or no trustee of a personal insolvency agreement under Part X, the Official Trustee is to act as the trustee.
23 After subsection 161(1)
Insert:
(1A) This section does not apply in relation to a trustee of a personal insolvency agreement.
24 Section 180
Omit "trustee of an estate", substitute "trustee, other than controlling trustee, under Part X".
25 Subsection 181A(1)
Repeal the subsection, substitute:
(1) The current controlling trustee or the current trustee of a personal insolvency agreement may, with the written consent of another trustee (either a registered trustee or the Official Trustee), nominate the other trustee as the new trustee.
26 Subsection 181A(4)
Repeal the subsection, substitute:
(4) If no creditor lodges a written notice of objection with the current trustee at least 2 days before the specified date, the new trustee replaces the current trustee on the date specified in the notice.
Note: See section 64.
27 Section 77F
Repeal the section, substitute:
If the evidence that a person gives, or the books that a person produces, under section 77C, relate to matters concerning the property of a debtor that is subject to control under Division 2 of Part X, any amount payable to the person under section 77D or 77E is to be paid out of that property.
28 Subsection 81(1)
Repeal the subsection, substitute:
(1) Where a person (the relevant person ) becomes a debtor whose property is subject to control under Division 2 of Part X, the Court or the Registrar may at any time (whether before or after control over that property has ended), on the application of:
(a) a person (a creditor ) who has or had a debt that would be provable if the debtor were a bankrupt; or
(b) the controlling trustee; or
(c) the Official Receiver;
summon the relevant person for examination in relation to the property that is subject to control under Division 2 of Part X.
Part 4 -- Modification under subsection 231(1) of the Act--personal insolvency agreements
Note: See subsection 69(1).
29 Section 77F
Repeal the section, substitute:
If the evidence that a person gives, or the books that a person produces, under section 77C, relate to matters concerning the property of a debtor that is subject to a personal insolvency agreement, any amount payable to the person under section 77D or 77E is to be paid out of that property.
Part 5 -- Modifications under subsection 231(3) of the Act--personal insolvency agreements
Note: See subsection 69(2).
30 Subsection 113(1)
Omit "presentation of a petition on which, or by virtue of the presentation of which, a person became a bankrupt", substitute "making of a sequestration order".
31 Subsection 113(1)
Omit "or, in the case of a debtor's petition, the presentation of the petition".
32 At the end of section 133
Add:
(14) This section does not apply in relation to a personal insolvency agreement.
33 After paragraph 134(1)(b)
Insert:
(ba) carry on a business of the debtor in accordance with an authorisation given under subsection (4);
34 At the end of section 134
Add:
(4) If a personal insolvency agreement provides for the business of the debtor to be assigned to the trustee, the agreement may:
(a) authorise the trustee to carry on a business of a debtor; and
(b) specify the period during which, and the conditions (if any) subject to which, the trustee may carry on the business.
(5) The creditors may vary or terminate an authority under subsection (4) by passing a special resolution to that effect at a meeting.
(6) This section extends only in relation to property of the debtor that is subject to the personal insolvency agreement.
35 Subsection 136(1)
Omit "Where any property of the bankrupt is subject to a mortgage", substitute "Where any property of the debtor that is subject to the personal insolvency agreement is also subject to a mortgage".
36 Subsection 137(1)
Omit "Where goods of a bankrupt", substitute "Where goods of a debtor that are subject to a personal insolvency agreement".
37 Paragraphs 138(1)(a) and (b)
Repeal the paragraphs, substitute:
(a) the property of a debtor that is subject to a personal insolvency agreement includes rights in respect of industrial property; and
(b) the debtor is liable to pay royalties or a share of profits to a person in respect of those rights;
38 Paragraphs 138(1)(c) and (d)
Omit "the bankrupt", substitute "the debtor".
39 Paragraphs 139(1)(a) and (b)
Repeal the paragraphs, substitute:
(a) the trustee has seized or disposed of any goods in the possession or on the premises of a debtor that are subject to a personal insolvency agreement without notice of any claim by any person in respect of those goods; and
(b) the goods were not, at the date of execution of the personal insolvency agreement, the property of the debtor;
40 Subsection 139(2)
Omit all the words after "in respect of property", substitute:
that is subject to the personal insolvency agreement, being rates, land tax or municipal or other statutory charges that fall due on or after the date of execution of the personal insolvency agreement, except to the extent, if any, of the rents and profits received by the trustee in respect of that property on or after the date of execution of the personal insolvency agreement
41 Subsection 139(3)
Repeal the subsection, substitute:
(3) Where the trustee of a personal insolvency agreement carries on a business previously carried on by the debtor, the trustee is not personally liable for any payment in respect of long service leave or extended leave:
(a) for which the debtor was liable; or
(b) to which a person employed by the trustee in the person's capacity as trustee of the personal insolvency agreement, or the legal personal representative of such a person, becomes entitled after the date of execution of the personal insolvency agreement.
42 Subsection 139(4)
Omit "the estate of a bankrupt", substitute "a personal insolvency agreement".
43 Section 139ZJ
Before "In", insert "(1)".
44 At the end of section 139ZJ
Add:
(2) In sections 139ZK, 139ZL and 139ZP, a reference to a bankrupt is to be read as a reference to a debtor.
(3) In subsection (2):
"debtor " means a person who has executed a personal insolvency agreement.
45 Paragraphs 139ZK(1)(e) and (f)
Omit "bankruptcy", substitute "personal insolvency agreement".
46 Subsection 139ZL(1)
Omit "If a bankrupt is liable to pay to the trustee a contribution under section 139P or 139Q, the Official Receiver", substitute "If a debtor is liable to pay a specified amount of the debtor's income to the trustee in accordance with a personal insolvency agreement, the Official Receiver".
47 Subsection 139ZL(1)
Omit "make the contribution", substitute "pay that amount".
48 Paragraphs 139ZL(3)(a) and (b)
Omit "the contribution", substitute "the amount of income".
49 Subsection 139ZQ(1)
Omit "bankrupt under Division 3", substitute "personal insolvency agreement because of the application of any of sections 120 to 125".
50 Subsection 139ZR(3)
Omit "Division 3", substitute "any of sections 120 to 125".
Schedule 4 -- Modifications under Part XI of the Act--administration of estates of deceased persons
Note: See section 71.
Omit "debtor", substitute "deceased debtor's estate".
2 Subsection 50(1)
Omit "debtor, but before the debtor becomes", substitute "debtor who dies after presentation of a creditor's petition but before becoming".
3 Paragraph 50(1)(a)
Omit "debtor's property", substitute "deceased debtor's estate".
4 Paragraph 50(1)(b)
Omit "property", substitute "estate".
5 Paragraph 50(1A)(c)
Omit "debtor", substitute "deceased debtor's legal personal representative".
6 Subsection 50(1B)
Omit "debtor's property", substitute "deceased debtor's estate".
7 Subsection 50(2)
Omit "debtor" (first occurring), substitute "legal personal representative of the deceased debtor".
8 Subsection 50(2)
Before "debtor" (second and third occurring), insert "deceased debtor".
9 Subsection 50(3)
Omit "debtor and the debtor's", substitute "deceased debtor and the deceased debtor's".
10 Subsection 50(4)
Before "debtor" (wherever occurring), insert "deceased".
11 Subsection 50(4)
Before "debtor's", insert "deceased".
12 Paragraph 50(5)(a)
Omit "a sequestration order had been made against the debtor", substitute "an order had been made for the administration of the estate of the deceased debtor".
13 Paragraph 50(5)(c)
Omit "debtor's bankruptcy if a sequestration", substitute "administration of the deceased debtor's estate if an".
14 At the end of section 50
Add:
(6) In this section:
"legal personal representative " , in relation to a deceased debtor, means:
(a) the executor under the deceased debtor's will; or
(b) the administrator under letters of administration or court order;
of the deceased debtor's estate, or a part of that estate.
15 Subsection 73(1)
Omit "a bankrupt", substitute "the legal personal representative of a deceased debtor".
16 Subsection 73(1)
Omit "his or her" (wherever occurring), substitute "the deceased debtor's".
17 At the end of section 73
Add:
(2) In this section:
"legal personal representative " , in relation to a deceased debtor, means:
(a) the executor under the deceased debtor's will; or
(b) the administrator under letters of administration or court order;
of the deceased debtor's estate, or a part of that estate.
18 Section 74
Repeal the section, substitute:
74 Annulment of administration
(1) If a proposal to annul the administration of an estate is accepted by a special resolution of creditors at a meeting held in accordance with the Insolvency Practice Rules, the administration of the estate is annulled, by force of this subsection, on the day the special resolution is passed.
(2) Within 2 business days after that day, the trustee of the estate must give to the Official Receiver a certificate, signed by the trustee, of the following matters:
(a) the name of the estate;
(b) the number of the administration;
(c) the terms and date of the special resolution.
Penalty: 5 penalty units.
Note: See also section 277B (about infringement notices).
(3) An offence against subsection (2) is an offence of strict liability.
(4) The Official Receiver must enter the day on which the administration of the estate is annulled in the National Personal Insolvency Index.
19 Subsections 74A(2) and (3)
Omit "debtor", substitute "legal personal representative of the deceased debtor".
20 At the end of section 74A
Add:
(8) In this section:
"legal personal representative " , of a deceased debtor, means:
(a) the executor under the deceased debtor's will; or
(b) the administrator under letters of administration or court order;
of the deceased debtor's estate, or a part of that estate.
21 Subsection 75(2)
Repeal the subsection.
22 Subsection 81(1)
Repeal the subsection, substitute:
(1) At any time during or after the administration under Part XI of the estate of a deceased debtor (the relevant person ), the Court may, on the application of:
(a) a person (a creditor ) who has or had a debt provable in the administration; or
(b) the trustee of the estate of the relevant person; or
(c) the Official Receiver;
summon an examinable person in relation to the estate of the relevant person for examination in relation to the administration.
(1AA) For the purposes of subsection (1):
"examinable person " , in relation to an estate of the relevant person, means:
(a) a person who is believed to be indebted to the estate; or
(b) a person who may be able to give information about the relevant person or the examinable affairs of the relevant person; or
(c) a person who has possession of books that may relate to:
(i) the relevant person; or
(ii) the examinable affairs of the relevant person; or
(iii) the estate; or
(d) the executor under the relevant person's will; or
(e) the administrator under letters of administration or court order;
of the relevant person's estate, or a part of that estate.
23 Paragraph 81(1B)(b)
Repeal the paragraph, substitute:
(b) relate to:
(i) the relevant person; or
(ii) the examinable affairs of the relevant person; or
(iii) the estate of the relevant person.
24 Subsection 81(11AA)
Repeal the subsection.
25 Subsection 81(12)
Before "relevant person" (wherever occurring), insert "estate of the".
26 Subsection 81(14)
Omit "person, other than the relevant person,", substitute "person".
27 Subsection 82(1)
Omit all the words from and including "a bankrupt" to the end of the subsection, substitute "the estate of a deceased debtor was subject at the day of the order for the administration of the estate, or to which the estate may become subject because of an obligation incurred before that day, are provable in the administration of the estate".
28 Subsection 82(1A)
Omit "bankrupt under a maintenance agreement or maintenance order before the date of the bankruptcy", substitute "deceased debtor under a maintenance agreement or maintenance order during the person's lifetime and before the date of the order for the administration of the deceased debtor's estate".
29 Paragraph 82(8)(b)
Omit "discharge of the bankrupt", substitute "end of the administration of the deceased debtor's estate".
30 Section 87
Omit "debtor had not become a bankrupt", substitute "estate of the deceased debtor had not become subject to administration under Part XI".
31 Section 88
Omit "A payment made by a debtor to a creditor before the debtor became a bankrupt and representing in part principal and in part interest", substitute:
A payment that:
(a) is made to a creditor by;
(i) the deceased debtor before the person's death; or
(ii) the deceased debtor's estate before the date of the order for the administration of the estate; and
(b) represents in part principal and in part interest;
32 Section 95
Omit "person was, at the time when he or she became a bankrupt", substitute "deceased debtor whose estate is being administered under Part XI was, at the time of the debtor's death".
33 Subsection 104(1)
Omit "bankrupt", substitute "legal personal representative of the deceased debtor".
34 At the end of section 104
Add:
(4) In this section:
"legal personal representative " , of a deceased debtor, means:
(a) the executor under the deceased debtor's will; or
(b) the administrator under letters of administration or court order;
of the deceased debtor's estate, or a part of that estate.
35 Paragraph 109(1)(a)
After "petitioning creditor", insert "or the trustee of the deceased debtor's estate".
36 Paragraph 109(1)(b)
Repeal the paragraph.
37 Subsection 109A(1)
Repeal the subsection, substitute:
(1) If:
(a) a contract of employment with a person who has since died and whose estate is being administered under Part XI was subsisting immediately before the day of the person's death; or
(b) a contract of employment with the trustee, in the trustee's capacity as trustee, of an estate that is being administered under Part XI was subsisting immediately before the day of the order for the administration;
the employee under the contract is, whether or not the employee is a person referred to in subsection (2), entitled to payment under section 109 as if the employee's employment had been terminated:
(c) in the case that paragraph (a) applies:
(i) by the person; and
(ii) on the day;
mentioned in that paragraph; or
(d) in the case that paragraph (b) applies:
(i) by the trustee; and
(ii) on the day;
mentioned in that paragraph.
38 Subsection 109A(2)
After "trustee" (wherever occurring), insert "or legal personal representative".
39 At the end of section 109A
Add:
(5) In this section:
"legal personal representative " , of a deceased debtor, means:
(a) the executor under the deceased debtor's will; or
(b) the administrator under letters of administration or court order;
of the deceased debtor's estate, or a part of that estate.
40 Section 110
Repeal the section.
41 Section 114
Omit "becomes a bankrupt", substitute "dies, and the debtor's estate becomes subject to administration under Part XI,".
42 Paragraph 117(1)(a)
Omit "a bankrupt", substitute "a deceased debtor".
43 Paragraph 117(1)(b)
Omit "which he or she", substitute "which the deceased debtor".
44 Paragraph 117(1)(b)
Omit "(whether before or after he or she became a bankrupt)", substitute "at any time".
45 Subsection 117(1)
Omit "the bankrupt", substitute "the deceased debtor".
46 Subsection 117(1)
Omit "in the trustee", substitute "in the trustee of the deceased debtor's estate being administered under Part XI".
47 Paragraph 118(1)(a)
Omit "the presentation of a petition, or after the presentation of a petition, against a", substitute "the making of an order under Part XI, or after the making of such an order, for the administration of the estate of a deceased".
48 Subparagraph 118(1)(a)(ii)
Omit "and".
49 Paragraph 118(1)(b)
Repeal the paragraph.
50 Subsection 118(1)
Omit "the bankrupt", substitute "the deceased debtor".
51 Subsection 118(3)
Omit "a bankrupt", substitute "a deceased debtor".
52 Subsection 118(3)
Omit "bankruptcy", substitute "administration of the estate".
53 Subsection 118(4)
Repeal the subsection, substitute:
(4) Where:
(a) a creditor has, in pursuance of subsection (1), paid to the trustee of the estate of a deceased debtor the proceeds of the sale of property or other moneys that were received as a result of execution having been issued by the creditor, or on the creditor's behalf, against property of the deceased debtor or of the attachment by the creditor, or on the creditor's behalf, of a debt due to the deceased debtor; and
(b) that property or debt would not have been property divisible amongst the creditors of the deceased debtor if the estate of the deceased debtor had become subject to administration under Part XI immediately before the execution was issued or the debt was attached, as the case may be;
the trustee must pay those proceeds or other moneys to the legal personal representative of the deceased debtor or to a person authorised by the legal personal representative in writing for the purpose.
54 Subsection 118(9)
Repeal the subsection, substitute:
(9) Subject to subsection (10), if a creditor has, within 6 months before the making of an order under Part XI, or after the making of such an order, for the administration of the estate of a deceased debtor obtained a charge or charging order against property of the deceased debtor, the charge or charging order, as the case may be, is void as against the trustee of the estate of the deceased debtor.
55 Subsection 118(10)
Omit "a debtor" (wherever occurring), substitute "a deceased debtor's estate".
56 Subsection 118(10)
Omit "the debtor", substitute "the deceased debtor".
57 Paragraphs 118(11)(a) and (b)
Omit "who, after the sale, becomes a bankrupt", substitute "who dies and whose estate becomes, or of a deceased debtor's estate that becomes, after the sale, subject to an administration order under Part XI".
58 Subsection 118(11)
Omit "of the bankrupt".
59 Subsection 118(12)
Insert:
"legal personal representative " , of a deceased debtor, means:
(a) the executor under the deceased debtor's will; or
(b) the administrator under letters of administration or court order;
of the deceased debtor's estate, or a part of that estate.
60 Subsection 119(1)
Omit "against a debtor", substitute "for an order for the administration of a deceased debtor's estate".
61 Paragraphs 119(1)(a) and (b)
Omit "debtor" (wherever occurring), substitute "estate".
62 Subsection 119(2)
Omit "the reference to the Court of a debtor's petition against a debtor", substitute "the presentation to the Court of a petition by a person administering the estate of a deceased debtor for an order for the administration of the estate".
63 Paragraphs 119(2)(a) and (b)
Omit "debtor" (wherever occurring), substitute "estate".
64 Subsection 119(3)
Omit "a creditor's petition against a debtor has been given under subsection (1) to a sheriff or notice of the reference to the Court of a debtor's petition against a debtor has been given under subsection", substitute "a petition has been given under subsection (1) or".
65 Subsection 119(3)
Omit "the debtor" (wherever occurring), substitute "the estate".
66 Subsection 119(4)
Omit "against a debtor", substitute "for an order for the administration of a deceased debtor's estate".
67 Paragraphs 119(4)(a) and (b)
Omit "debtor" (wherever occurring), substitute "estate".
68 Subsection 119(5)
Omit "the reference to the Court of a debtor's petition against a debtor", substitute "the presentation to the Court of a petition by a person administering the estate of a deceased debtor for an order for the administration of the estate".
69 Paragraphs 119(5)(a) and (b)
Omit "debtor" (wherever occurring), substitute "estate".
70 Subsection 119(6)
Omit "against a debtor" (first occurring), substitute "for an order for the administration of a deceased debtor's estate".
71 Subsection 119(6)
Omit "the reference to the Court of a debtor's petition against a debtor", substitute "the presentation to the Court of a petition by a person administering the estate of a deceased debtor for an order for the administration of the estate".
72 Subsection 119(6)
Omit "the debtor" (wherever occurring), substitute "the estate".
73 Subsection 119(7)
Omit "a debtor", substitute "a deceased debtor's estate".
74 Subsection 119(7)
Omit "the debtor becomes a bankrupt", substitute "the estate is administered under Part XI".
75 Subsection 119A(1)
Omit "has become a bankrupt", substitute "has died, and the debtor's estate has become subject to administration under Part XI,".
76 Paragraphs 119A(1)(a) and (b)
Repeal the paragraphs, substitute:
(a) the sheriff must deliver or pay to the trustee:
(i) any property of the estate in the sheriff's possession under a process of execution issued by or on behalf of a creditor; and
(ii) any proceeds of the sale of property of the estate or other moneys in the sheriff's possession, being proceeds of the sale of property sold, whether before or after the debtor died, in pursuance of any such process or moneys seized, or paid to avoid seizure or sale of property of the debtor or estate, whether before or after the debtor died, in pursuance of any such process; and
(iii) any moneys in the sheriff's possession as a result of the attachment, by or on behalf of a creditor, of a debt due to the estate; or
(b) the registrar or other officer of the court must pay to the trustee:
(i) any proceeds of the sale of property of the estate or other moneys in court, being proceeds of sale or other moneys paid into court, whether before or after the debtor died, by a sheriff in pursuance of a process of execution issued, by or on behalf of a creditor, against property of the estate; and
(ii) any moneys in court that have been paid into court, whether before or after the debtor died, in pursuance of proceedings instituted, by or on behalf of a creditor, to attach a debt due to the estate;
77 Subsection 119A(5)
Repeal the subsection.
78 Paragraph 119A(6)(a)
Omit "bankrupt", substitute "deceased debtor".
79 Paragraph 119A(6)(b)
Omit "bankrupt", substitute "estate".
80 Subsection 119A(7)
Omit "a bankrupt", substitute "the estate of a deceased debtor".
81 Subsection 122(1)
Omit "insolvent (the debtor )", substitute "insolvent and who subsequently dies (the deceased debtor )".
82 Subsection 122(1)
Omit "in the debtor's bankruptcy", substitute "of the deceased debtor's estate being administered under Part XI".
83 Paragraph 122(1)(b)
Repeal the paragraph, substitute:
(b) was made in the period beginning 6 months before the presentation of the petition for an order for the administration of the estate and ending immediately before the day of the order.
84 Subsection 122(1A)
Omit "by the debtor", substitute "by the deceased debtor before the debtor's death".
85 Paragraphs 122(1A)(a) and (b)
Before "debtor", insert "deceased".
86 Paragraph 122(1A)(b)
Before "debtor's", insert "deceased".
87 Paragraph 122(2)(b)
After "debtor", insert "or the estate of the deceased debtor".
88 Subsection 122(4A)
After "debtor" (wherever occurring), insert "or the estate of the deceased debtor".
89 Subsection 123(1)
Omit "becomes a bankrupt", substitute "has died, and the debtor's estate has become subject to administration under Part XI".
90 Paragraphs 123(1)(a), (b) and (c)
After "debtor", insert "before the debtor died".
91 Paragraph 123(1)(e)
Omit "before the day on which the debtor became a bankrupt", substitute "on or before the day on which the debtor died".
92 Subsection 123(4)
Before "debtor", insert "deceased".
93 Subsection 123(4)
Omit "became a bankrupt", substitute "died".
94 Subsection 123(6)
Omit "a debtor becomes", substitute "a deceased debtor before the debtor's death became".
95 Subsection 123(6)
Before "debtor" (second and third occurring), insert "deceased".
96 Subsection 124(1)
Omit "becomes, or has become, a bankrupt", substitute "has died, and the person's estate has become subject to administration under Part XI".
97 Paragraph 124(1)(a)
After "made", insert "on or".
98 Paragraph 124(1)(a)
Omit "becomes a bankrupt", substitute "dies".
99 Paragraph 124(1)(b)
Omit "on or".
100 Paragraph 124(1)(b)
Omit "became a bankrupt", substitute "died".
101 Subsection 125(1)
Omit "an undischarged bankrupt", substitute "deceased and that the person's estate is being administered under Part XI".
102 Section 126
Repeal the section.
103 After subsection 127(1)
Insert:
(1A) In the application of Part XI to this section, the reference in subsection (1) to the date on which a person became bankrupt is taken to be a reference to the date on which administration of a deceased debtor's estate commenced.
104 Paragraphs 134(1)(a), (aa), (ab) and (da)
Omit "bankrupt", substitute "estate of the deceased debtor".
105 Paragraph 134(1)(da)
Omit "in the bankruptcy", substitute "in the administration of the deceased debtor's estate".
106 Paragraph 134(1)(e)
Omit "bankrupt" (wherever occurring), substitute "deceased debtor's estate".
107 Paragraph 134(1)(f)
Omit "in the bankruptcy", substitute "in the administration of the deceased debtor's estate".
108 Paragraph 134(1)(g)
Omit "bankrupt", substitute "deceased debtor".
109 Paragraph 134(1)(h)
Repeal the paragraph, substitute:
(h) deal with property to which the estate of the deceased debtor is beneficially entitled as tenant in tail in the same manner as the legal personal representative of the deceased debtor could deal with it if the estate were not being administered under Part XI;
110 Paragraph 134(1)(i)
Omit "bankrupt", substitute "deceased debtor".
111 Paragraph 134(1)(m)
Omit "the bankrupt" (first occurring), substitute "the legal personal representative of the deceased debtor".
112 Subparagraph 134(1)(m)(i)
Omit "the bankrupt", substitute "the estate of the deceased debtor".
113 Subparagraph 134(1)(m)(ii)
Omit "bankrupt's" (wherever occurring), substitute "estate's".
114 Subparagraph 134(1)(m)(iii)
Omit "bankrupt", substitute "estate".
115 Paragraph 134(1)(m)
Omit "bankrupt's services, make such allowance to the bankrupt", substitute "services of the legal personal representative of the deceased debtor, pay such remuneration to the legal personal representative".
116 Paragraph 134(1)(ma)
Repeal the paragraph, substitute:
(ma) pay such remuneration out of the estate of the deceased debtor as the trustee thinks fit to the legal personal representative of the deceased debtor.
117 Paragraphs 134(1)(n) and (o)
Omit "the bankrupt", substitute "the estate of the deceased debtor".
118 Subsection 134(1A)
Omit "An allowance made to the bankrupt", substitute "Remuneration paid to the legal personal representative of the deceased debtor".
119 At the end of section 134
Add:
(4) In this section:
"legal personal representative " , of a deceased debtor, means:
(a) the executor under the deceased debtor's will; or
(b) the administrator under letters of administration or court order;
of the deceased debtor's estate, or a part of that estate.
120 Paragraph 138(1)(a)
Omit "a bankrupt", substitute "an estate of a deceased debtor".
121 Paragraphs 138(1)(b), (c) and (d)
Omit "bankrupt", substitute "estate".
122 Subsection 139ZL(6)
Omit "bankrupt", substitute "legal personal representative of the deceased debtor".
123 At the end of section 139ZL
Add:
(11) In this section:
"legal personal representative " , of a deceased debtor, means:
(a) the executor under the deceased debtor's will; or
(b) the administrator under letters of administration or court order;
of the deceased debtor's estate, or a part of that estate.
124 Subsection 139ZQ(5)
Omit "bankrupt", substitute "legal personal representative of the deceased debtor".
125 Subsection 139ZQ(10)
Insert:
"legal personal representative " , of a deceased debtor, means:
(a) the executor under the deceased debtor's will; or
(b) the administrator under letters of administration or court order;
of the deceased debtor's estate, or a part of that estate.
126 Paragraph 143(a)
Omit "bankrupt's statement of", substitute "statement of a deceased debtor's".
127 Section 146
Omit "a bankrupt", substitute "the legal personal representative of a deceased debtor".
128 Section 146
Omit "his or her affairs" (wherever occurring), substitute "the deceased debtor's affairs".
129 Section 146
Omit "bankrupt" (second occurring), substitute "legal personal representative".
130 Paragraph 156A(1)(a)
Before "debtor" (first occurring), insert "deceased".
131 Paragraphs 156A(1)(a) and (3)(a)
Omit "debtor becomes a bankrupt", substitute "deceased debtor's estate is administered under Part XI".
132 Paragraph 156A(3)(a)
Omit "estate of the bankrupt", substitute "estate".
133 Subsection 277B(2) (after table item 2)
Insert:
| 2A | subsection 74(2) | 1 penalty unit |