BANKRUPTCY ACT 1966

PART XI - ADMINISTRATION OF ESTATES OF DECEASED PERSONS IN BANKRUPTCY  

SECTION 248   APPLICATION OF ACT IN RELATION TO ADMINISTRATIONS UNDER THIS PART  

248(1)  


Subject to this section, subsection 47(2) , sections 49 to 51 (inclusive), subsections 52(4) and (5) , section 62 , sections 73 to 76 (inclusive), section 79 , sections 81 to 114 (inclusive), sections 117 to 130 (inclusive), sections 132 to 139H (inclusive), Subdivisions I and J of Division 4B of Part VI and sections 140 to 147 (inclusive) and sections 156A to 184 (inclusive) apply, with any modifications prescribed by the regulations, in relation to proceedings under this Part and the administration of estates under this Part.

248(2)  
(Omitted by No 12 of 1980, s 139.)

248(3)  
Subject to the regulations, in the application of the provisions specified in subsection (1) in relation to proceedings under this Part and the administration of estates of deceased persons under this Part:


(a) a reference to a sequestration order shall be read as a reference to an order for administration of an estate under this Part;


(b) a reference to bankruptcy shall be read as a reference to administration under this Part;


(c) a reference to the property of the bankrupt shall be read as a reference to the divisible property of the estate as defined by subsection 249(6) ;


(d) a reference to the date of the bankruptcy or to the date on which a person became a bankrupt shall be read as a reference to the date on which the order for administration under this Part was made;


(da) a reference to the commencement of the bankruptcy shall be read as a reference to the time at which administration of the estate under this Part is, by virtue of section 247A , to be deemed to have commenced;


(e) a reference to a bankrupt shall be read as a reference to a deceased person in respect of whose estate an order for administration under this Part has been made and as including a reference to the estate of that deceased person; and


(f) a reference to the trustee of the estate of a bankrupt shall be read as a reference to the trustee of the estate of a deceased person in respect of whose estate an order for administration under this Part has been made.

248(4)  
If, after taking into account the prescribed modifications and the provisions of subsection (3), a provision specified in subsection (1) is incapable of application in relation to proceedings under this Part or the administration of estates under this Part, or is inconsistent with this Part, that provision does not so have application.

248(5)  
(Omitted by No 119 of 1987, s 88(e).)




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