BANKRUPTCY ACT 1966
(a) a payment by the debtor to any of his or her creditors;
(b) a conveyance, transfer or assignment by the debtor for market value;
(c) a contract, dealing or other transaction by or with the debtor for market value; or
(d) any transaction to the extent of a present advance made by an existing creditor;
(e) the transaction took place before the day on which the debtor became a bankrupt;
(f) the person, other than the debtor, with whom it took place, did not, at the time of the transaction, have notice of the presentation of a petition against the debtor; and
(g) the transaction was in good faith and in the ordinary course of business.
The burden of proving the matters referred to in paragraphs (1)(e), (f) and (g) in relation to a transaction lies upon the person who relies on the validity of the transaction.123(3) [Notice does not in itself void transaction]
For the purposes of subsection (1), a transaction shall not be deemed not to have been in good faith and in the ordinary course of business by reason only that, at the time of the transaction, the person, other than the debtor, with whom it took place had notice of the commission of an act of bankruptcy by the debtor.123(4) [Payment of penalty and fine]
Nothing in this Act invalidates a payment by a debtor, on or before the date on which he or she became a bankrupt, of, or in respect of, a penalty or fine imposed on him or her by a court in respect of an offence against a law, whether a law of the Commonwealth or not.123(5)
(Omitted by No 32 of 1993, s 29, Sch 1.)
[ CCH Note: No 32 of 1993, s 30(2), provides:
Despite the repeal of subsection 123(5) of the Bankruptcy Act 1966 , that subsection continues to apply in relation to a deduction in relation to which section 221P or 221YU of the Income Tax Assessment Act 1936 applies.
Subject to sections 121 , 128B and 128C , nothing in this Act invalidates, in any case where a debtor becomes a bankrupt, a conveyance, transfer, charge, disposition, assignment, payment or obligation executed, made or incurred by the debtor, before the day on which the debtor became a bankrupt, under or in pursuance of a maintenance agreement or maintenance order.
In this section: