BANKRUPTCY ACT 1966

PART VII - DISCHARGE AND ANNULMENT  

Division 5 - Annulment of bankruptcy  

SECTION 154   EFFECT OF ANNULMENT  

154(1)   [Sales etc before annulment etc trustee may apply property etc, remainder etc]  

If the bankruptcy of a person (in this section called the former bankrupt ) is annulled under this Division:


(a) all sales and dispositions of property and payments duly made, and all acts done, by the trustee or any person acting under the authority of the trustee or the Court before the annulment are taken to have been validly made or done; and


(b) the trustee may apply the property of the former bankrupt still vested in the trustee in payment of the costs, charges and expenses of the administration of the bankruptcy, including the remuneration and expenses of the trustee; and


(c) subject to subsections (3), (6) and (7), the remainder (if any) of the property of the former bankrupt still vested in the trustee reverts to the bankrupt.

154(2)   [Property insufficient to meet cost - debt due]  

If the property of the former bankrupt referred to in paragraph (1)(b) is insufficient to meet the costs, charges and expenses referred to in that paragraph, the amount of the deficiency is a debt due by the former bankrupt to the trustee and is recoverable by the trustee by action against the former bankrupt in a court of competent jurisdiction.

154(3)   [Application to Court - para (1)(c)]  

If an application is made to the Court by a person claiming an interest in property referred to in paragraph (1)(c), the Court, after hearing such persons as it thinks fit, may make an order, either unconditionally or on such conditions as the Court considers just and equitable, for the vesting of the property in, or delivery of the property to, a person in whom, or to whom, it seems to the Court to be just and equitable that it should be vested or delivered, or to a trustee for that person.

154(4)   [Subject to subsec (5) - property vests immediately]  

Subject to subsection (5), if an order vesting property in a person is made under subsection (3), the property vests immediately in the person without any conveyance, transfer or assignment.

154(5)   [Registration]  

If:


(a) the property to which such an order relates is property the transfer of which is required by a law of the Commonwealth, of a State or of a Territory to be registered; and


(b) that law enables the registration of such an order;

the property, even though it vests in equity in the person named in the order, does not vest in that person at law until the requirements of that law have been complied with.

154(6)   [Court order not to pay etc]  

The Court may make an order directing the trustee not to pay or transfer the property, or a specified part of the property, referred to in paragraph (1)(c) to the former bankrupt if:


(a) an application is made for an order under this subsection by a person mentioned in subsection (6A); and


(b) the Court is satisfied that:


(i) proceedings are pending under a proceeds of crime law; and

(ii) property of the former bankrupt may:

(A) become subject to a forfeiture order or interstate forfeiture order made in the proceedings; or

(B) be required to satisfy a pecuniary penalty order or interstate pecuniary penalty order made in the proceedings.

154(6A)  


For the purposes of paragraph (6)(a), the application may be made by:


(a) in the case of pending proceedings in relation to a forfeiture order or a pecuniary penalty order under the Proceeds of Crime Act 2002 - the Commonwealth proceeds of crime authority that is, or that is proposed to be, the responsible authority for the application for the order under that Act; or


(b) in the case of pending proceedings under a corresponding law - a person who is entitled to apply for an interstate confiscation order under the corresponding law.

154(7)   [Court may vary etc order under subsec (6)]  

The Court, on application made to it, may vary or revoke an order made under subsection (6).




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