BANKRUPTCY ACT 1966

PART XI - ADMINISTRATION OF ESTATES OF DECEASED PERSONS IN BANKRUPTCY  

SECTION 246   STATEMENT OF DECEASED DEBTOR ' S AFFAIRS ETC. BY LEGAL PERSONAL REPRESENTATIVE  

246(1)   [Duties of legal personal representative]  

Where an order is made under section 244 or 245 for the administration of the estate of a deceased person under this Part, and there is a legal personal representative of the deceased person, the legal personal representative shall, within 28 days from the day on which he or she is notified of the making of the order:


(a) make out a statement of the deceased person ' s affairs and of his or her administration of the deceased person ' s estate; and


(b) give a copy of the statement to the Official Receiver.

Penalty: 25 penalty units.

Note:

See also section 277B (about infringement notices).

246(1A)   [Strict liability]  

Subsection (1) is an offence of strict liability.

Note:

For strict liability , see section 6.1 of the Criminal Code .

246(2) - (3)  
(Omitted by No 44 of 1996, Sch 1, Pt 1(390).)

246(4)   [Costs]  

The cost of making out and filing such a statement shall be borne by the estate.

246(5)   [Inspection of statement by creditor]  

A person who states in writing that he or she is a creditor of the estate may, without fee, and any other person may, on payment of the fee determined by the Minister by legislative instrument, inspect, personally or by an agent, the statement filed under this section in respect of a deceased person, and make copies of, or take extracts from, the statement.

246(6)   [Copies of order and statement]  

If the trustee of the estate is a registered trustee, the Official Receiver must give the trustee a copy of the order and a copy of the statement of affairs.




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