Bankruptcy Act 1966
[ CCH Note: Modification Declaration FRLI No F2021L00261 (FRLI No F2021L00261, registered on 19 March 2021 and effective from 1 April 2021.)
Part VIII of the Act is modified by inserting Division 1A before Division 1:
]Division 1A - Interpretation
SECTION 154A INTERPRETATION
154A
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.
A registered trustee may, by instrument signed by him or her and filed with the Official Receiver, consent to act: (a) as the trustee of the estate of the debtor specified in the instrument in the event that the debtor becomes a bankrupt; or (b) as the trustee of the joint and separate estates of such of the debtors specified in the instrument, being members of a partnership or joint debtors who are not in partnership with one another, as may become bankrupts, or, if only one of those debtors becomes a bankrupt, as the trustee of the estate of that debtor.
[ CCH Note: Modification Declaration FRLI No F2021L00261 (FRLI No F2021L00261, registered on 19 March 2021 and effective from 1 April 2021.)
Subsection 156A(1) of the Act is modified by inserting " deceased " before " debtor " (first occurring) in para (a) and substituting " deceased debtor ' s estate is administered under Part XI " for " debtor becomes a bankrupt " in para (a).]
View history note
Hide history note156A(2)
An instrument under subsection (1) shall be in accordance with the approved form.
156A(3)
Where: (a) at the time when a debtor becomes a bankrupt, a registered trustee has, under subsection (1) , consented to act as the trustee of the estate of the debtor and the consent has not been revoked, the registered trustee becomes, at that time, by force of this subsection, the trustee of the estate of the bankrupt; and (b) at the time when 2 or more debtors, being members of a partnership or joint debtors who are not in partnership with one another, become bankrupts, a registered trustee has, under subsection (1) , consented to act as the trustee of the joint and separate estates of those debtors and the consent has not been revoked, the registered trustee becomes, at that time, by force of this subsection, the trustee of the joint and separate estates of those bankrupts.
[ CCH Note: Modification Declaration FRLI No F2021L00261 (FRLI No F2021L00261, registered on 19 March 2021 and effective from 1 April 2021.)
Subsection 156A(3) of the Act is modified by substituting " deceased debtor ' s estate is administered under Part XI " for " debtor becomes a bankrupt " in para (a) and substituting " estate " for " estate of the bankrupt " in para (a).]
156A(4)
(Repealed by No 11 of 2016)
156A(5)
(Repealed by No 11 of 2016)
156A(5A)
(Repealed by No 11 of 2016)
156A(6)
(Repealed by No 11 of 2016)
156A(7)
(Repealed by No 11 of 2016)
[ CCH Note: Modification Declaration FRLI No F2021L00261 (FRLI No F2021L00261, registered on 19 March 2021 and effective from 1 April 2021.)
Section 156A of the Act is modified by repealing the section.]
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