BANKRUPTCY ACT 1966

PART VI - ADMINISTRATION OF PROPERTY  

Division 4B - Contribution by bankrupt and recovery of property  

Subdivision I - Collection of money or property by Official Receiver from person other than the bankrupt  

SECTION 139ZL   OFFICIAL RECEIVER MAY REQUIRE PERSONS TO MAKE PAYMENTS  

139ZL(1)   [Written notice]  

If a bankrupt is liable to pay to the trustee a contribution under section 139P or 139Q , the Official Receiver:


(a) if the Official Trustee is the trustee - on the initiative of the Official Receiver; or


(b) if a registered trustee is the trustee - on application by the trustee;

may require a person to whom this Subdivision applies, by written notice given to the person, to make a payment or payments to the trustee in accordance with this section in or towards the discharge of the liability of the bankrupt to make the contribution.

139ZL(2)   [Notice must set out facts and circumstances]  

The notice must set out the facts and circumstances, and in particular must specify the money or property, because of which the Official Receiver considers that this Subdivision applies to the person to whom the notice is given.

139ZL(3)   [Payment of so much of the money etc]  

The notice may either:


(a) require payment of so much of the money, or of the value of the property, as does not exceed the amount, or the total of the amounts, of the contribution that the bankrupt is liable to pay; or


(b) in the case of a person who is liable to pay money to or on behalf of the bankrupt, require the person, out of each payment that the person becomes liable from time to time to make, to pay such amount as is set out in the notice until the liability of the bankrupt to pay the contribution has been discharged.

139ZL(4)   [Payment - immediately becomes due etc, or at a time etc]  

The notice may either:


(a) require a payment to be made immediately the money becomes due or is held, the authority becomes exercisable, the liability arises or the money or property is received, as the case requires; or


(b) require a payment to be made at a time or within a period set out in the notice, not being a time that occurs, or a period that commences, before the money becomes due or is held, the authority becomes exercisable, the liability arises or the money or property is received, as the case requires.

139ZL(5)   [Revoke or amend]  

After the Official Receiver has given a notice to a person under subsection (1), the Official Receiver may at any time, by a further notice given to the person, revoke or amend the first-mentioned notice.

139ZL(6)   [Must send copy]  

If the Official Receiver gives a notice under this section, the Official Receiver must send a copy of the notice to the bankrupt and, if a registered trustee is the trustee, to the trustee.

139ZL(7)   [Commonwealth, State or Territory]  

A notice to be given under this section to the Commonwealth, a State or a Territory, or to an authority of the Commonwealth, of a State or of a Territory, is taken to be duly given if it is given to a person who, by any law, regulation, appointment or authority, has the function of paying, or in fact pays, money on behalf of a Department of the Commonwealth, of that State or of that Territory, or on behalf of that authority, as the case may be.

139ZL(8)   [Value of any property - taken if transferred]  

If a person is required by a notice under this section to pay to the trustee the value of any property, the requirement is taken to be complied with if the property is transferred to the trustee.

139ZL(9)   [A person making payment etc - indemnified]  

A person making a payment or transferring property in accordance with this section is taken to have been acting under the authority of the bankrupt and of all other persons concerned and is entitled to be indemnified out of the estate of the bankrupt in respect of the payment or transfer.

139ZL(10)   [Amount payable - recoverable in court as a debt]  

An amount payable by a person to the trustee under this section is recoverable by the trustee as a debt by action against the person in a court of competent jurisdiction.




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