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Bankruptcy Amendment Act 1980

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BANKRUPTCY AMENDMENT ACT 1980 No. 12, 1980
BANKRUPTCY AMENDMENT ACT 1980 No. 12 of 1980 - TABLE OF PROVISIONS
BANKRUPTCY AMENDMENT ACT 1980 No. 12 of 1980 TABLE OF PROVISIONS Section 1. Short title, &c. 2. Commencement 3. Interpretation 4. Application of Act 5. Repeal of section 8 and substitution of new section- 8. Act to bind the Crown 6. Laws of States and Territories not affected by Act 7. Heading to Division 1 of Part II Division 1-General 8. Functions of Inspector-General 9. Registrars and Deputy Registrars 10. Insertion of new section- 14A. Stamps of Registrars 11. Official Receivers 12. Repeal of sections 17 and 18 and substitution of new sections- 17. Acting Inspector-General and acting Official Receivers 17A. Acting Registrars and acting Deputy Registrars 17B. Arrangements for services of State and Northern Territory Magistrates 18. The Official Trustee in Bankruptcy 18A. Liability of the Official Trustee 13. Duties, &c., of Official Receiver 14. Insertion of new sections- 19A. Liability of Inspector-General, Registrars, Deputy Registrars, Official Receivers, &c. 19B. Officers to act in aid of each other 15. Records, returns and bank accounts Section 16. Insertion of new Division- Division 2-Common Investment Fund 20A. Interpretation 20B. The Common Investment Fund 20C. Investment Board 20D. Investment of moneys in Common Fund 20E. Borrowing for the Common Fund 20F. Moneys in Common Fund not held on account of particular estates, &c. 20G. Common Investment Fund Equalization Account 20H. Payment of moneys into and out of Equalization Account 20J. Interest on moneys in Common Fund payable only in certain circumstances 17. Seal of Federal Court of Bankruptcy 18. Courts to act in aid of each other 19. Exercise of jurisdiction 20. Adjournment, amendment of process and extension and abridgment of times 21. Repeal of section 35 and substitution of new section- 35. Transfer of proceedings 22. Power of the Court to rescind orders, &c. 23. Acts of bankruptcy 24. Bankruptcy notices 25. Jurisdiction to make sequestration orders 26. Conditions on which creditor may petition 27. Repeal of section 48 28. Court may direct the Official Trustee to take control of property before sequestration 29. Proceedings and order on creditor's petition 30. Consolidation of proceedings 31. Bankrupt's statement of affairs 32. Debtor's petition 33. Repeal of sections 56 and 57 and substitution of new sections- 56. Debtor's petition against partnership 57. Debtor's petition by joint debtors who are not partners 57A. Time at which person becomes bankrupt on debtor's petition 34. Vesting of property upon bankruptcy 35. Repeal of section 59 and substitution of new section- 59. Second or subsequent bankruptcy 36. Stay of legal proceedings 37. Repeal of section 64 and substitution of new section-
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64. First meeting of creditors 38. Repeal of section 69 and substitution of new section- 69. Public examination of bankrupt 39. Approval by the Court 40. Arrest of debtor or bankrupt 41. Repeal of section 81 and substitution of new section- 81. Discovery of bankrupt's property 42. Debts provable in bankruptcy 43. Manner of proving debts 44. Proof by employees 45. Application to the Court where creditor or bankrupt considers proof wrongly admitted 46. Inspection of proofs by creditors, &c. 47. Admission or rejection of proofs 48. Appeal against decision of trustee in respect of proof 49. Costs of appeal 50. Trustee may administer oaths, &c. 51. Repeal of section 109 and substitution of new section- 109. Priority payments 52. Postponement of spouse's claims 53. Interest on debts 54. Property divisible amongst creditors Section 55. Repeal of sections 118 and 119 and substitution of new sections- 118. Execution by creditor against property of debtor who becomes a bankrupt , &c. 119. Duties of sheriff after receiving notice of presentation of petition, &c. 119A. Duties of sheriff after receiving notice of bankruptcy, &c. 56. Avoidance of voluntary and marriage settlements 57. Avoidance of preferences 58. Protection of certain transactions against relation back, &c. 59. Protection of certain payments to bankrupt, &c. 60. Dealings with undischarged bankrupt in respect of after-acquired property 61. Limitation of time for making claims by trustee, &c. 62. Trustee to take possession of property of bankrupt 63. Income of bankrupt 64. Vesting and transfer of property 65. Disclaimer of onerous property 66. Powers exercisable at discretion of trustee 67. Powers exercisable by trustee with permission 68. Protection of trustee from personal liability in certain cases 69. Declaration and distribution of dividends 70. Repeal of section 145 and substitution of new section- 145. Final dividend 71. Repeal of section 147 and substitution of new section- 147. No action for dividend 72. Repeal of section 149 and substitution of new section- 149. Discharge of bankrupt by operation of law 73. Discharge by the Court 74. Effect of fraudulent settlements on discharge 75. Effect of order of discharge 76. Power to annul bankruptcy 77. Registration of persons as trustees 78. Appointment of trustees 79. Appointment of more than one trustee, &c. 80. Vacancy in office of trustee 81. Official Trustee to be trustee when there is not other trustee 82. Remuneration of trustee 83. Repeal of section 163 and substitution of new section- 163. Remuneration of the Official Trustee 84. Two or more trustees acting in succession 85. Taxation of costs 86. Trustee to pay moneys into bank account 87. Trustee to give Official Receiver and bankrupt information, &c. 88. Investment of surplus funds 89. Trustee's books when trading 90. Trustee's accounts and audit 91. Repeal of section 176 and substitution of new section- 176. Court may order trustee to make good loss sustained by negligence, &c. 92. Control of trustees by the Court 93. Registration of trustee 94. Removal of trustee 95. Bankruptcy of trustee, &c. 96. Release of registered trustee by the Court 97. Release of registered trustee by operation of law after 7 years 98. Insertion of new section-
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184A. Release of the Official Trustee 99. Repeal of Part IX 100. Interpretation 101. Insertion of new section- 187A. Application of Part to joint debtors 102. Debtor may authorize trustee or solicitor to call meeting of creditors, &c. 103. Trustee's and solicitor's duties and powers 104. Repeal of sections 192 and 193 and substitution of new sections- 192. Death of trustee to whom authority is given, &c. 193. Remuneration of controlling trustee Section 105. Calling of meeting 106. Debtor to attend meeting 107. Quorum 108. Minutes of meeting 109. Repeal of section 205 and substitution of new sections- 205. Duties of sheriff after receiving notice of signing of authority under section 188, &c. 205A. Duties of sheriff after receiving notice of execution of deed, &c. 110. Controlling trustee's bank accounts, &c. 111. Controlling trustee's accounts 112. Repeal of section 212 and substitution of new section- 212. Court may order controlling trustee to make good loss sustained by negligence, &c. 212A. Appeal to the Court against controlling trustee's decision, &c. 212B. Control of controlling trustees by the Court 113. Form of deeds, &c. 114. Repeal of section 217 and substitution of new section- 217. Failure of trustee to execute deed 115. Notice of execution of deed, acceptance of composition, &c. 116. Filling of vacancy in office of trustee after execution of deed, &c. 117. Power of the Court to declare deed or composition void 118. Calling of meetings other than the first meeting 119. Insertion of new section- 223A. Application of provisions of this Part relating to first meeting to other meetings under this Part 120. Validity of acts where deed or composition declared void or terminated, &c. 121. Insertion of new section- 224A. Notice that deed or composition declared void or terminated 122. Evidence of deed, resolution, &c. 123. Repeal of section 226 and substitution of new section- 226. Creditor may inspect deed, &c. 124. Deed of assignment to bind all creditors 125. Application of general provisions of Act to deeds of assignment 126. Certificate relating to release 127. Deed of arrangement to bind all creditors 128. Termination of deed of arrangement 129. Court may terminate deed 130. Application of general provisions of Act to deeds of arrangement 131. Insertion of new section- 237A. Certificate by trustee that provisions of deeds have been carried out 132. Composition to bind all creditors 133. Court may terminate composition 134. Application of general provisions of Act to compositions 135. Insertion of new section- 243A. Certificate by trustee that terms of composition have been carried out 136. Administration of estates under this Part upon petition by creditor 137. Filing of statement of deceased debtor's affairs by legal personal representative, &c. 138. Insertion of new section- 247A. Commencement of administration under Part 139. Application of general provisions of Act in relation to administration under Part 140. Insertion of new section- 248A. Consolidation of proceedings 141. Vesting of property on making of order 142. Repeal of section 250 and substitution of new sections- 249A. Charge over property owned in joint tenancy 250. Effect of order under Part in case of deceased person who was bankrupt 143. Insertion of new section- 252A. Power to annul order of administration under Part 144. Repeal of section 253B and substitution of new section- 253B. Law of State or Territory may be proclaimed 145. Registrar to notify relevant authority of pending proceedings
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Section 146. Relevant authority entitled to be heard on application for leave for sub-section 55 (6A), 56 (11) and 57 (8) 147. Payment of unclaimed moneys into Consolidated Revenue Fund 148. Repeal of section 255 and substitution of new section- 255. Transcript of evidence, &c. 149. Evidence of matters stated in notices published in Gazette 150. Evidence of proceedings at meetings of creditors or committee of inspection 151. Evidence of bankruptcy documents 152. Repeal of sections 260 and 261 and substitution of new section- 260. Evidence as to bankruptcy and appointment of trustee, &c. 153. Swearing of affidavits 154. Insertion of new section- 263B. False proof of debts 155. Insertion of new sections- 264A. Failure of person to attend before the Court, &c.