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BANKRUPTCY ACT 1966 !!!The following amendment (No. 33, 2006 and No. 34, 2006) has not been incorporated. - List of Sections

Section

Compilation Information

Contents

Long Title

BANKRUPTCY ACT 1966
Part I—Preliminary

1. Short title [ see Note 1]
2. Commencement [ see Note 1]
4. Repeal
BANKRUPTCY ACT 1966
Part IA—Interpretation

5. Interpretation
5AA. Place of origin of bankruptcy and insolvency matters
5A. Acting in accordance with a person's directions or instructions
5B. Associated entities: companies
5C. Associated entities: natural persons
5D. Associated entities: partnerships
5E. Associated entities: trusts
5F. Controlling an entity in relation to a matter
5G. Financial affairs of a company
5H. Financial affairs of a natural person
5J. Financial affairs of a partnership
5K. Financial affairs of a trust
6. Meaning of intent to defraud creditors
6A. Statement of affairs for purposes other than Part XI
6B. Provision of statement of affairs under Part XI and statement of administration of estate of deceased person
6C. Interpretive provisions relating to proceeds of crime orders
BANKRUPTCY ACT 1966
Part IB—Application of Act

7. Application of Act
7A. Application of the Criminal Code
8. Act to bind the Crown
9. Laws of States and Territories not affected by Act
BANKRUPTCY ACT 1966
Part II—Administration

BANKRUPTCY ACT 1966
Division 1—General


10. Delegation by Minister or Secretary
11. Inspector-General in Bankruptcy
12. Functions of Inspector-General
13. Bankruptcy Districts
15. Official Receivers
16. Appointment of Inspector-General and Official Receivers
17. Acting Inspector-General and Acting Official Receivers
17B. Arrangements for services of State and Northern Territory Magistrates
18. The Official Trustee in Bankruptcy
18AA. Commonwealth Authorities and Companies Act 1997 does not apply to Official Trustee
18A. Liability of the Official Trustee
19. Duties etc. of trustee
19AA. Power of investigation of bankrupt's affairs
19A. Liability of Inspector-General, Official Receivers etc.
BANKRUPTCY ACT 1966
Division 2—Common Investment Fund


20A. Interpretation
20B. The Common Investment Fund
20D. Investment of money in Common Fund
20E. Borrowing for the Common Fund
20F. Moneys in Common Fund not held on account of particular estates etc.
20G. Common Investment Fund Equalization Account
20H. Credits to and debits from the Equalization Account
20J. Interest on moneys in Common Fund payable only in certain circumstances
BANKRUPTCY ACT 1966
Part III—Courts

BANKRUPTCY ACT 1966
Division 2—Jurisdiction and powers of courts in bankruptcy


27. Bankruptcy courts
29. Courts to help each other
30. General powers of Courts in bankruptcy
31. Exercise of jurisdiction
32. Costs
33. Adjournment, amendment of process and extension and abridgment of times
33A. Alteration of filing date for statement of affairs
34. Orders and commissions for examination of witnesses
34A. Standard of proof
35. Family Court's jurisdiction in bankruptcy where trustee is a party to property settlement or spousal maintenance proceedings etc.
35A. Transfer of proceedings to Family Court
35B. Family Court of Western Australia
36. Enforcement of orders etc.
37. Power of Court to rescind orders etc.
BANKRUPTCY ACT 1966
Part IV—Proceedings in connexion with bankruptcy

BANKRUPTCY ACT 1966
Division 1—Acts of bankruptcy


40. Acts of bankruptcy
41. Bankruptcy notices
42. Payment etc. of debt to Commonwealth or State after service of bankruptcy notice
BANKRUPTCY ACT 1966
Division 2—Creditors' petitions


43. Jurisdiction to make sequestration orders
44. Conditions on which creditor may petition
45. Creditor's petition against partnership
46. Petition against 2 or more joint debtors
47. Requirements as to creditor's petition
49. Change of petitioners [ see Table B]
50. Taking control of debtor's property before sequestration [ see Table B]
51. Costs of prosecuting creditor's petition
52. Proceedings and order on creditor's petition
53. Consolidation of proceedings
54. Bankrupt's statement of affairs
BANKRUPTCY ACT 1966
Division 2A—Declaration of intention to present debtor's
petition


54A. Presentation of declaration
54B. When debtor disqualified from presenting declaration
54C. Acceptance or rejection of declaration
54D. Official Receiver to give information to debtor
54E. Enforcement suspended during stay period
54F. Duties of sheriff
54G. Duty of court registrar
54H. Duties of person entitled to deduct money owing to declared debtor
54J. Extension of time where this Division prevents the doing of an act
54K. Section 33 not to apply to this Division
54L. Secured creditor's rights under security not affected
BANKRUPTCY ACT 1966
Division 3—Debtors' petitions


55. Debtor's petition
56A. Persons who may present a debtor's petition against a partnership
56B. Presentation of a debtor's petition against a partnership
56C. Referral to the Court of a debtor's petition against a partnership
56D. Acceptance of a debtor's petition against a partnership by the Official Receiver
56E. Effects of acceptance of a debtor's petition against a partnership
56F. Extra duties of non-petitioning partners who become bankrupts
56G. Inspection of statements of affairs of partners and partnerships
57. Debtor's petition by joint debtors who are not partners
57A. Time at which person becomes bankrupt on debtor's petition
BANKRUPTCY ACT 1966
Division 4—Effect of bankruptcy on property and proceedings


58. Vesting of property upon bankruptcy—general rule
58A. Vesting of property upon bankruptcy—effect of orders in force under the proceeds of crime law
59. Second or subsequent bankruptcy
59A. Orders under Part VIII of the Family Law Act 1975
60. Stay of legal proceedings
61. Actions by bankrupt partner's trustee
62. Actions on joint contracts
63. Death of bankrupt
BANKRUPTCY ACT 1966
Division 5—Meetings of creditors


BANKRUPTCY ACT 1966
Subdivision A—Preliminary


63A. Definitions [ see Table B]
63B. Trustee's representative [ see Table B]
BANKRUPTCY ACT 1966
Subdivision B—Convening of meetings


64. Trustee to convene meetings [ see Table B]
64A. Persons to whom notice of meeting to be given [ see Table B]
64B. Certain matters to be included in notice of meeting [ see Table B]
64C. If telephone conference facilities are available
64D. Statement by creditor as to amount of debt [ see Table B]
64E. Notice about voting by proxy [ see Table B]
64F. Notice about appointment of attorney
64G. Agenda to be set out in notice of meeting [ see Table B]
BANKRUPTCY ACT 1966
Subdivision C—Procedure before opening of meeting


64H. Creditors, or proxies or attorneys, participating by telephone
64J. Preparation of attendance record [ see Table B]
BANKRUPTCY ACT 1966
Subdivision D—Procedure at meetings


64K. Opening of meeting [ see Table B]
64L. Appointment of minutes secretary [ see Table B]
64M. Announcement of proxies and attorneys
64N. Quorum [ see Table B]
64P. Election of person to preside at meeting [ see Table B]
64Q. Whether holding of meeting is convenient to majority of creditors [ see Table B]
64R. Tabling of bankrupt's statement of affairs [ see Table B]
64S. Statements and questions [ see Table B]
64T. Motions [ see Table B]
64U. Remuneration of registered trustee [ see Table B]
64V. Appointment of committee of inspection [ see Table B]
64W. Other business [ see Table B]
64X. Next meeting [ see Table B]
BANKRUPTCY ACT 1966
Subdivision E—Miscellaneous


64Y. Adjournment of meeting [ see Table B]
64Z. Duties of minutes secretary [ see Table B]
64ZA. Entitlement to vote [ see Table B]
64ZB. Manner of voting [ see Table B]
64ZBA.Creditors' resolution without meeting
64ZC. Appointment of proxies [ see Table B]
64ZD. Provisions relating to motions and amendments of motions
64ZE. Joint bankruptcies [ see Table B]
64ZF. Substantial compliance to be sufficient
BANKRUPTCY ACT 1966
Division 5A—Committee of inspection


70. Committee of inspection
71. Vacation of office etc.
72. Member of committee not to purchase part of estate
BANKRUPTCY ACT 1966
Division 6—Composition or arrangement with creditors


73. Composition or arrangement [ see Table B]
73A. Trustee may require surety for cost of meeting
73B. Declaration of relationships by proposed trustee of composition or scheme of arrangement
73C. Statement of affairs and declarations of relationships to be tabled at meeting
74. Annulment of bankruptcy [ see Table B]
74A. Variation of composition or scheme of arrangement
75. Effect of composition or scheme of arrangement [ see Table B]
76. Application of Part VIII to trustee of a composition or arrangement
76A. Meetings of creditors
76B. Setting aside and termination of a composition or scheme of arrangement
BANKRUPTCY ACT 1966
Part V—Control over person and property of debtors and bankrupts

BANKRUPTCY ACT 1966
Division 1—General


77. Duties of bankrupt as to discovery etc. of property
77AA. Access by Official Receiver and others to premises
77A. Access by trustee to books of associated entity
77C. Power of Official Receiver to obtain information and evidence
77D. Allowances and expenses in respect of attendance
77E. Advance on account of allowances and expenses
77F. Allowances and expenses to be paid out of bankrupt's estate [ see Table B]
78. Arrest of debtor or bankrupt
80. Notification of change in name, address or day-time telephone number
81. Discovery of bankrupt's property etc. [ see Table B]
BANKRUPTCY ACT 1966
Division 2—Offshore information notices


81A. Issue of notices
81B. Extension of period of notice
81C. Variation of notices
81D. Withdrawal of notices
81E. Notices may be included in same document
81F. Relationship between this Division and section 77C
BANKRUPTCY ACT 1966
Division 3—Failure to comply with certain notices


81G. Effect of non-compliance with notice
BANKRUPTCY ACT 1966
Part VI—Administration of property

BANKRUPTCY ACT 1966
Division 1—Proof of debts


82. Debts provable in bankruptcy [ see Table B]
83. Debt not to be considered proved until admitted
84. Manner of proving debts
85. Proof by employees
86. Mutual credit and set-off
87. Deduction of discounts [ see Table B]
88. Apportionment to principal and interest of payments made before bankruptcy [ see Table B]
89. Apportionment where security realized before or after bankruptcy
90. Proof of debt by secured creditor
91. Redemption of security by trustee etc.
92. Amendment of valuation
93. Repayment of excess
94. Subsequent realization of security
95. Proof in respect of distinct contracts [ see Table B]
96. Proof in respect of proportionate part of periodical payment
97. Production of bills of exchange and promissory notes
98. Amendment of proof of debt
100. Costs of proving debts etc.
101. Inspection of proofs by creditors etc.
102. Admission or rejection of proofs
103. Debts to be rounded down to nearest dollar
104. Appeal against decision of trustee in respect of proof [ see Table B]
105. Costs of appeal
106. Trustee may administer oaths etc.
107. Creditor not to receive more than the amount of his or her debt and interest
BANKRUPTCY ACT 1966
Division 2—Order of payment of debts


BANKRUPTCY ACT 1966
Subdivision A—General


108. Debts proved to rank equally except as otherwise provided
109. Priority payments [ see Table B]
109A. Debts due to employees [ see Table B]
110. Application of estates of joint debtors [ see Table B]
113. Apprenticeship etc. claims [ see Table B]
114. Payment of liabilities etc. incurred under terminated deed etc. [ see Table B]
BANKRUPTCY ACT 1966
Subdivision B—The effect of proceeds of crime orders and
applications for proceeds of crime orders


114A. The effect of proceeds of crime orders
114B. The effect of applications for proceeds of crime orders
114C. Director of Public Prosecutions must notify the trustee of certain matters
BANKRUPTCY ACT 1966
Division 3—Property available for payment of debts


115. Commencement of bankruptcy
116. Property divisible among creditors [ see Table B]
117. Policies of insurance against liabilities to third parties [ see Table B]
118. Execution by creditor against property of debtor who becomes a bankrupt etc. [ see Table B]
119. Duties of sheriff after receiving notice of presentation of petition etc. [ see Table B]
119A. Duties of sheriff after receiving notice of bankruptcy etc. [ see Table B]
120. Undervalued transactions
121. Transfers to defeat creditors
122. Avoidance of preferences [ see Table B]
123. Protection of certain transfers of property against relation back etc. [ see Table B]
124. Protection of certain payments to bankrupt etc. [ see Table B]
125. Certain accounts of undischarged bankrupt [ see Table B]
126. Dealings with undischarged bankrupt in respect of after-acquired property [ see Table B]
127. Limitation of time for making claims by trustee etc. [ see Table B]
128. Notice to trustee where identity of vendor etc. with bankrupt in doubt
BANKRUPTCY ACT 1966
Division 4—Realization of property


129. Trustee to take possession of property of bankrupt
129AA.Time limit for realising property
129A. Eligible judges
130. Warrant for seizure of property connected with the bankrupt
132. Vesting and transfer of property
133. Disclaimer of onerous property [ see Table B]
134. Powers exercisable at discretion of trustee [ see Table B]
136. Right to pay off mortgages [ see Table B]
137. Right of trustee to inspect goods held as security [ see Table B]
138. Limitation of trustee's power in respect of copyright, patents etc. [ see Table B]
139. Protection of trustee from personal liability in certain cases [ see Table B]
BANKRUPTCY ACT 1966
Division 4A—Orders in relation to property of entity
controlled by bankrupt


139A. Trustee may apply to Court
139B. Application to be served on respondent entity
139C. Who may appear at hearing
139D. Order relating to property of entity
139E. Order relating to entity's net worth
139F. Court to take account of interests of other persons
139G. Giving effect to orders under sections 139D and 139E
139H. Entity entitled to claim in bankruptcy
BANKRUPTCY ACT 1966
Division 4B—Contribution by bankrupt and recovery of property


BANKRUPTCY ACT 1966
Subdivision A—Preliminary


139J. Objects of Division
BANKRUPTCY ACT 1966
Subdivision B—Interpretation


139K. Definitions
BANKRUPTCY ACT 1966
Subdivision C—Income


139L. Meaning of income
139M. Derivation of income
139N. Income varied by income tax payments and refunds and child support payments
BANKRUPTCY ACT 1966
Subdivision D—Liability of bankrupt to pay contributions


139P. Liability of bankrupt to pay contribution
139Q. Change in liability of bankrupt
139R. Liability not affected by subsequent discharge
139S. Contribution payable by bankrupt
139T. Determination of higher income threshold in cases of hardship
BANKRUPTCY ACT 1966
Subdivision E—Provision of information to trustee


139U. Bankrupt to provide evidence of income
139V. Power of trustee to require bankrupt to provide additional evidence
BANKRUPTCY ACT 1966
Subdivision F—Assessments of income and contribution


139W. Assessment of bankrupt's income and contribution
139WA.No time limit on making assessment
139X. Basis of assessments
139Y. Trustee may regard bankrupt as receiving reasonable remuneration
139Z. If bankrupt claims not to be in receipt of income
BANKRUPTCY ACT 1966
Subdivision G—Review of assessment


139ZA.Internal review of assessment
139ZC.Inspector-General may request further information
139ZD.Decision on review
139ZE.Inspector-General to notify bankrupt and trustee of decision
139ZF.Review of assessment decisions
BANKRUPTCY ACT 1966
Subdivision H—When contribution payable


139ZG.Payment of contribution
139ZH.If excess contribution paid
139ZI.Notice of determinations
BANKRUPTCY ACT 1966
Subdivision HA—Supervised account regime


139ZIA.Objects
139ZIB.Definitions
139ZIC.Trustee may determine that the supervised account regime applies to the bankrupt
139ZID.Revocation of determination
139ZIDA.When determination ceases to be in force
139ZIE.Bankrupt must open and maintain supervised account
139ZIEA.New supervised account
139ZIF.Bankrupt's monetary income to be deposited to supervised account
139ZIG.Trustee to supervise withdrawals from supervised account
139ZIH.Constructive income receipt arrangements
139ZIHA.Non-monetary income receipt arrangements
139ZII.Cash income
139ZIIA.Keeping of books
139ZIJ.Injunctions
139ZIK.Interim injunctions
139ZIL.Discharge etc. of injunctions
139ZIM.Certain limits on granting injunctions not to apply
139ZIN.Other powers of the Court unaffected
139ZIO.Inspector-General may review trustee's decision
139ZIP.Inspector-General may request further information
139ZIR.Inspector-General's decision on review
139ZIS.Inspector-General to notify bankrupt and trustee of decision
139ZIT.AAT review of decisions
BANKRUPTCY ACT 1966
Subdivision I—Collection of money or property by Official
Receiver from person other than the bankrupt


139ZJ.Definition [ see Table B]
139ZK.Persons to whom Subdivision applies [ see Table B]
139ZL.Official Receiver may require persons to make payments [ see Table B]
139ZM.Power of Court to set aside notice
139ZN.Charge over property
139ZO.Failure to comply with notice
139ZP.Employer not to dismiss or injure bankrupt because of giving of notice
BANKRUPTCY ACT 1966
Subdivision J—Collection of money or property by Official
Receiver from party to transaction that is void against the trustee


139ZQ.Official Receiver may require payment [ see Table B]
139ZR.Charge over property [ see Table B]
139ZS.Power of Court to set aside notice
139ZT.Failure to comply with notice
BANKRUPTCY ACT 1966
Division 5—Distribution of property


140. Declaration and distribution of dividends
141. Joint and separate dividends
142. Apportionment of expenses of administration of joint and separate estates
143. Provision to be made for creditors residing at a distance etc. [ see Table B]
144. Right of creditor who has not proved debt before declaration of dividend
145. Final dividend
146. Distribution of dividends where bankrupt fails to file statement of affairs [ see Table B]
147. No action for dividend
BANKRUPTCY ACT 1966
Part VII—Discharge and annulment

BANKRUPTCY ACT 1966
Division 1—Preliminary


148. Misleading conduct by bankrupt
BANKRUPTCY ACT 1966
Division 2—Discharge by operation of law


BANKRUPTCY ACT 1966
Subdivision A—Discharge after certain period


149. Automatic discharge
149A. Bankruptcy extended when objection made
BANKRUPTCY ACT 1966
Subdivision B—Objections


149B. Objection to discharge
149C. Form of notice of objection
149D. Grounds of objection
149F. Copy of notice of objection to be given to bankrupt
149G. Date of effect of objection
149H. Trustee ceasing to object on some grounds
149J. Withdrawal of objection
BANKRUPTCY ACT 1966
Subdivision C—Review of objection


149K. Internal review of objection
149M. Inspector-General may request further information
149N. Decision on review
149P. Inspector-General to notify bankrupt and trustee of decision
149Q. Review of decisions
BANKRUPTCY ACT 1966
Division 4—Provisions applicable to all discharges


152. Discharged bankrupt to give assistance
153. Effect of discharge
BANKRUPTCY ACT 1966
Division 5—Annulment of bankruptcy


153A. Annulment on payment of debts
153B. Annulment by Court
154. Effect of annulment
BANKRUPTCY ACT 1966
Part VIII—Trustees

BANKRUPTCY ACT 1966
Division 1—Appointment and official name


154A. Application to become a registered trustee
155. Processing of an application
155A. Committee's decision on an application
155B. Effect of committee's decision
155C. Registration as a trustee
155D. Extension of registration
155E. Application for change of conditions on practising as a registered trustee
155F. Decision on application for change of conditions
155G. Voluntary termination of registration
155H. Consideration of involuntary termination of registration
155I. Decision on involuntary termination of registration
155J. After termination of registration
156A. Consent to act as trustee [ see Table B]
157. Appointment of trustees [ see Table B]
158. Appointment of more than one trustee etc. [ see Table B]
159. Vacancy in office of trustee [ see Table B]
160. Official Trustee to be trustee when no registered trustee is trustee [ see Table B]
161. Trustee may act in official name [ see Table B]
161A. Registered trustee to notify Inspector-General of certain events
BANKRUPTCY ACT 1966
Division 2—Remuneration and costs


161B. Trustee's remuneration—minimum entitlement [ see Table B]
162. Trustee's remuneration—general [ see Table B]
163. Remuneration of the Official Trustee
163A. Costs and expenses of Official Receiver
164. Two or more trustees acting in succession
165. Trustee not to accept extra benefit etc.
167. Taxation of costs
BANKRUPTCY ACT 1966
Division 3—Accounts and audits


168. Trustee not to pay moneys into private account
169. Trustee to pay moneys into bank account
170. Trustee to give Official Receiver and bankrupt information etc. [ see Table B]
171. Trustee to give and obtain receipts
173. Books to be kept by trustee [ see Table B]
174. Trustee's books when trading
175. Audit of trustee's accounts
176. Court may order trustee to make good loss caused by breach of duty
BANKRUPTCY ACT 1966
Division 4—Control over trustees


177. Control of creditors over trustees
178. Appeal to Court against trustee's decision etc.
179. Control of trustees by the Court
BANKRUPTCY ACT 1966
Division 5—Vacation of office


180. Resignation of trustee [ see Table B]
181. Removal of trustee [ see Table B]
181A. Streamlined method for replacing trustee [ see Table B]
182. Bankruptcy of trustee etc.
183. Release of registered trustee by the Court
184. Release of registered trustee by operation of law after 7 years
184A. Release of the Official Trustee
BANKRUPTCY ACT 1966
Part IX—Debt agreements

BANKRUPTCY ACT 1966
Division 1—Definitions and procedures


185. Definitions
185A. Procedures for dealing with proposals
185B. Acceptance of a proposal
BANKRUPTCY ACT 1966
Division 2—Debt agreement proposals


185C. Giving a debt agreement proposal to the Official Receiver
185D. Statement of affairs to be given with a debt agreement proposal
185E. Accepting a debt agreement proposal for processing
185F. Effect of accepting a debt agreement proposal for processing
185G. Lapsing of a debt agreement proposal
BANKRUPTCY ACT 1966
Division 3—Making a debt agreement


185H. Making a debt agreement
185I. Parties to a debt agreement
185J. Release of debtor from debts
185K. Prevention of proceedings relating to debts
185L. Distribution of property under a debt agreement
BANKRUPTCY ACT 1966
Division 4—Varying a debt agreement


185M. Varying a debt agreement
BANKRUPTCY ACT 1966
Division 5—Ending a debt agreement


185N. End of debt agreement on discharge of obligations under agreement
185P. Terminating a debt agreement by accepting a proposal
185Q. Terminating a debt agreement by order of the Court
185QA.Terminating a debt agreement by special resolution of creditors
185R. Terminating a debt agreement by the bankruptcy of the debtor
185S. Validity of things done under a debt agreement that was terminated
BANKRUPTCY ACT 1966
Division 6—Voiding a debt agreement


185T. Applying for an order declaring a debt agreement void
185U. Making an order declaring a debt agreement void
185V. Validity of things done under a debt agreement that was declared void
BANKRUPTCY ACT 1966
Division 7—Miscellaneous


185W. Court directions to the Official Receiver
185X. No stamp duty payable on a debt agreement
185Y. Delegation of powers and functions relating to processing of proposals
185Z. Remuneration of registered trustees and other persons
185ZA.Notification of death of administrator
185ZB.Official Receiver to replace an administrator who dies
185ZC.Official Receiver may appoint a new administrator
185ZD.Remuneration of administrator
BANKRUPTCY ACT 1966
Part X—Personal insolvency agreements

BANKRUPTCY ACT 1966
Division 1—Interpretation


187. Interpretation
187A. Application of Part to joint debtors [ see Table B]
BANKRUPTCY ACT 1966
Division 2—Meeting of creditors and control of debtor's
property


188. Debtor may authorise trustee or solicitor to be controlling trustee [ see Table B]
188A. Personal insolvency agreement [ see Table B]
188B. Inspection of statement of debtor's affairs
189. Control of property of a debtor who has given authority under section 188
189AAA.Stay of proceedings relating to creditor's petition until meeting of debtor's creditors
189AA.Court orders with effect during period of control of debtor's property
189AB.Charge over debtor's property that is subject to control [ see Table B]
189AC.Right of indemnity for controlling trustee
189A. Report and declaration by controlling trustee
189B. Controlling trustee to prepare statement about possible resolutions
190. Duties and powers of controlling trustee
190A. Additional duties of controlling trustee
191. Payments to protect property etc.
192. Changing the controlling trustee
194. Time for calling meeting
194A. Statement of affairs and declarations of relationships to be tabled at meeting
195. Debtor to attend meeting
196. Procedure for calling and holding meeting
204. Resolution for personal insolvency agreement
205. Duties of sheriff after receiving notice of signing of authority under section 188 etc.
205A. Duties of sheriff after receiving notice of execution of personal insolvency agreement etc.
206. Court may adjourn hearing of petition where creditors have passed resolution for personal insolvency agreement
207. Surrender of security etc. where secured creditor has voted
208. Termination of control of debtor's property by the Court
209. Acts of controlling trustee to bind trustee of subsequent personal insolvency agreement or bankruptcy
210. Other provisions about controlling trustee
211. Other provisions about debtor
BANKRUPTCY ACT 1966
Division 3—General provisions


215. Eligibility to be trustee of personal insolvency agreement
215A. Nomination or appointment of trustee of personal insolvency agreement
216. Execution of personal insolvency agreements
217. Failure of trustee to execute personal insolvency agreement
218. Notice of execution of personal insolvency agreement
219. Trustee may sue, be sued etc. by official name
220. Filling of vacancy in office of trustee after execution of personal insolvency agreement etc.
221. Sequestration order where debtor fails to attend meeting, execute personal insolvency agreement etc.
221A. Variation of personal insolvency agreement
222. Court may set aside personal insolvency agreement
222A. Termination of personal insolvency agreement by trustee
222B. Termination of personal insolvency agreement by creditors
222C. Court may terminate personal insolvency agreement
222D. Termination of personal insolvency agreement by occurrence of terminating event
223. Calling of meetings after the first meeting
223A. Rules in relation to meetings
224. Validity of acts if personal insolvency agreement set aside or terminated
224A. Notice that a personal insolvency agreement has been set aside, varied or terminated
225. Evidence of personal insolvency agreement, resolution etc.
226. Creditor may inspect personal insolvency agreement etc.
227. Stamp duty not payable on personal insolvency agreements etc. entered into under this Part
229. Personal insolvency agreement to bind all creditors
230. Release of provable debts
231. Application of general provisions of Act to personal insolvency agreements
231A. Right of debtor to remaining property
232. Certificate relating to discharge of obligations
BANKRUPTCY ACT 1966
Part XI—Administration of estates of deceased persons in
bankruptcy

244. Administration of estates under this Part upon petition by creditor
245. Debtor dying after presentation of creditor's petition
246. Statement of deceased debtor's affairs etc. by legal personal representative
247. Petition for administration under this Part by person administering deceased person's estate
247A. Commencement of administration under Part
248. Application of Act in relation to administrations under this Part
248A. Consolidation of proceedings
249. Vesting of property on making of order
249A. Charge over property owned in joint tenancy
250. Effect of order under Part where deceased person was bankrupt
251. Real property devised by will that vests directly in devisee to form part of estate in certain cases
252. Liability of legal personal representative
252A. Annulment on payment of debts
252B. Annulment by Court
252C. Effect of annulment
BANKRUPTCY ACT 1966
Part XIA—Farmers' debts assistance

253A. Interpretation
253B. Law of State or Territory may be proclaimed
253C. Notice about stay under proclaimed law
253E. Relevant authority may apply for stay of proceedings under certain petitions
253F. Relevant authority may be heard on application relating to debtor's petition
BANKRUPTCY ACT 1966
Part XII—Unclaimed dividends or moneys

254. Payment of unclaimed moneys to the Commonwealth
BANKRUPTCY ACT 1966
Part XIII—Evidence

255. Record of proceedings or evidence
256. Evidence of matters stated in notices published in Gazette
257. Evidence of proceedings at meetings of creditors or committee of inspection
258. Presumption about due convening of meetings etc.
262. Swearing of affidavits
BANKRUPTCY ACT 1966
Part XIV—Offences

263. Concealment etc. of property etc.
263A. False affidavits
263C. False claims about a creditor's entitlement to vote
264A. Failure of person to attend before the Court etc.
264B. Arrest of person failing to attend before the Court etc.
264C. Refusal to be sworn or give evidence etc.
264D. Prevarication or evasion in the course of examination
264E. Offences in relation to Registrar or magistrate conducting an examination
265. Failure of bankrupt or debtor to disclose property etc.
265A. Offences relating to exercise of powers under section 77A or 130
266. Disposing or charging of property by person who becomes, or has become, a bankrupt
267. False declaration by debtor or bankrupt
267B. Failure of person to provide information
267D. Failure of person to attend
267E. Arrest of person failing to attend before Official Receiver or authorised officer
267F. Refusal to be sworn or give evidence etc.
267G. Prevarication or evasion in the course of giving evidence
268. Offences in relation to personal insolvency agreements
269. Bankrupt obtaining credit etc. without disclosing bankruptcy
270. Failure to keep proper books of account
271. Gambling or hazardous speculations
272. Leaving Australia with intent to defeat creditors etc.
273. Trial of offences
275. Criminal liability not affected by discharge etc.
276. Trustee acting under a personal insolvency agreement that has been set aside
277. Punishment of contempt of court
277A. Keeping of books in respect of period of bankruptcy
BANKRUPTCY ACT 1966
Part XV—Provisions relating to the bankruptcy charges
Acts

278. Interpretation
279. Administration of, and powers and functions in relation to, the Charges Acts
280. Deferred payment of interest charge or realisations charge
281. Late payment penalty—interest charge and realisations charge
282. Extension of time for payment—interest charge and realisations charge
283. Remission of interest charge, realisations charge and late payment penalty
284. Recovery of interest charge, realisations charge and late payment penalty
285. Payments by cheque or payment order
286. Regulations may deal with other matters
BANKRUPTCY ACT 1966
Part XVI—Miscellaneous

301. Certain provisions in contracts etc. to be void
302. Certain provisions in bills of sale etc. to be void
302A. Certain provisions in governing rules of superannuation funds and approved deposit funds to be void
302AB.Certain provisions in RSA's terms and conditions to be void
302B. Certain provisions in trust deeds void
303. Applications to Court
304. Parts of dollar to be disregarded in determining majority in value of creditors etc.
304A. Indexation
305. Payment of expenses by Commonwealth
306. Formal defect not to invalidate proceedings
306A. Protection of Registrars, magistrates etc. in relation to examinations
306B. Protection in respect of reports
307. Proceedings in firm name
308. Representation of corporation etc.
309. Service of notices etc.
311. Stamp duty not payable on trustee's cheques or receipts
312. Return or destruction of old accounts and records
313. Audit of accounts and records of the Official Trustee and the Official Receivers
315. Regulations
BANKRUPTCY ACT 1966
Schedule 1—Acts repealed

BANKRUPTCY ACT 1966
Notes to the Bankruptcy Act 1966

Table A

Table B

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