Bankruptcy Act 1966

S 182 repealed by No 11 of 2016, s 3 and Sch 1 item 57, effective 1 March 2017. S 182 formerly read:

SECTION 182 BANKRUPTCY OF TRUSTEE ETC.  
182(1) [Cancellation of registration]  

If a registered trustee becomes bankrupt, becomes a party (as debtor) to a debt agreement or signs an authority under section 188, the trustee ' s registration is cancelled.

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History

S 182(1) substituted by No 44 of 1996, Sch 1, Pt 1(315).

Transitional provision

No 44 of 1996, Sch 1, Pt 2(471) provides:

The amendments made by items 315 and 316 apply to a person registered as a trustee on or after the day on which this Schedule commences.

182(2) - (3)
(Omitted by No 44 of 1996, Sch 1, Pt 1(315).)

182(4) [Death of trustee]  

Where a person registered as a trustee dies, the person (the affected person ) administering the estate of the deceased person must, before the end of the period of 28 days beginning on the day the affected person started to administer the estate, give written notice of that death to the Official Receiver.

Penalty: 5 penalty units.

Note:

See also section 277B (about infringement notices).

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History

S 182(4) amended by No 106 of 2010, Sch 2 item 30, effective 1 December 2010, by inserting " the affected person " after " the person " .

S 182(4) amended by No 106 of 2010, Sch 2 item 31, effective 1 December 2010, by substituting " must, before the end of the period of 28 days beginning on the day the affected person started to administer the estate, give written notice of that death to the Official Receiver " for " shall forthwith notify, in writing, the Official Receiver of that fact " . Sch 2[84] contains the following application provision:

84 Application  
(8)
The amendments made by items 31 and 35 apply in relation to deaths occurring on or after the commencement of those items.

S 182(4) amended by No 106 of 2010, Sch 2 item 32, effective 1 December 2010, by substituting " 5 penalty units " for " $100 " and inserting the note.

S 182(4) amended by No 106 of 2010, Sch 3 item 14, by omitting " for the District in which the trustee was ordinarily resident " , commenced 15 July 2010.

No 106 of 2010, Sch 3[17(1)] contains the following transitional provision:

17 Transitional  
(1)
A person who is an Official Receiver for a District immediately before the commencement of this item is taken to have been appointed, at the commencement of this item, under section 16 of the Bankruptcy Act 1966 as an Official Receiver.

S 182(4) inserted by No 12 of 1980, s 95; amended by No 44 of 1996, Sch 1, Pt 1(316).

Transitional provision

No 44 of 1996, Sch 1, Pt 2(471) provides:

The amendments made by items 315 and 316 apply to a person registered as a trustee on or after the day on which this Schedule commences.

182(5) [Strict liability]  

Subsection (4) is an offence of strict liability.

Note:

For strict liability , see section 6.1 of the Criminal Code .

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History

S 182(5) inserted by No 24 of 2001, s 3 and Sch 5 item 11. For application provision, see note under s 7A.