BANKRUPTCY ACT 1966

PART VI - ADMINISTRATION OF PROPERTY  

Division 3 - Property available for payment of debts  

Subdivision A - General  

SECTION 124   PROTECTION OF CERTAIN PAYMENTS TO BANKRUPT ETC.  

124(1)   [Payments protected]  

Notwithstanding anything contained in this Act, a payment of money or delivery of property (including a security or a negotiable instrument) to, or in accordance with the order or direction of, a person who becomes, or has become, a bankrupt or a person claiming by assignment from him or her is a good discharge to the person paying the money or delivering the property:


(a) if, in the case of a payment or delivery made before the day on which the first-mentioned person becomes a bankrupt - it is made in good faith and in the ordinary course of business; or


(b) if, in the case of a payment or delivery made on or after the day on which the first-mentioned person became a bankrupt - it is made in good faith, in the ordinary course of business and without negligence.

124(2)   [Burden of proof]  

The burden of proving the matters referred to in subsection (1) lies upon the person who relies on the validity of the payment or delivery of property.

124(3)   [Interpretation of " payment or delivery of property " ]  

For the purposes of this section, a payment or delivery of property shall not be deemed not to have been made in good faith and in the ordinary course of business by reason only that, at the time of the payment or delivery, the person by whom it was made:


(a) knew or had reason to suspect that the person to whom, or in accordance with whose order or direction, it was made was unable to pay his or her debts as they became due from his or her own money; or


(b) had notice of the commission of an act of bankruptcy by that person or of the presentation of a creditor ' s petition against that person.




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