BANKRUPTCY ACT 1966

PART VI - ADMINISTRATION OF PROPERTY  

Division 2 - Order of payment of debts  

Subdivision B - The effect of proceeds of crime orders and applications for proceeds of crime orders  

SECTION 114B   THE EFFECT OF APPLICATIONS FOR PROCEEDS OF CRIME ORDERS  

114B(1)   [Application for restraining order or forfeiture order]  

If:


(a) an application is made under a proceeds of crime law for a restraining order or a forfeiture order; and


(b) if the order were made, it would cover property of a bankrupt (whether the application is made before, on or after the date of the bankruptcy);

proceeds of any of the property of the bankrupt that would be covered by the order must not be applied under Subdivision A before the application is finally determined.

114B(2)   [Application for pecuniary penalty order]  

If:


(a) an application is made under a proceeds of crime law for a pecuniary penalty order; and


(b) the person against whom the order would be made is, or later becomes, a bankrupt;

proceeds of any of the property of the bankrupt must not be applied under Subdivision A before the application is finally determined.




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