Bankruptcy Act 1966
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Div 5 repealed by No 11 of 2016, s 3 and Sch 1 item 24, applicable in relation to the administration of regulated debtors ' estates on and after 1 September 2017.
Div 5 heading amended by No 119 of 1987, s 24; No 115 of 1990, s 3; substituted by No 9 of 1992, s 9.
Subdiv D repealed by No 11 of 2016, s 3 and Sch 1 item 24, applicable in relation to the administration of regulated debtors ' estates on and after 1 September 2017.
Subdiv D heading inserted by No 9 of 1992, s 12.
S 64N repealed by No 11 of 2016, s 3 and Sch 1 item 24, applicable in relation to the administration of regulated debtors
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estates on and after 1 September 2017. S 64N formerly read:
A meeting requires at least 2 persons. Therefore the person covered by paragraph (2)(a) cannot also be the proxy or attorney of the creditor covered by paragraph (2)(b).
SECTION 64N QUORUM
64N(1)
The trustee must then determine whether a quorum is present.
64N(2)
A quorum is constituted by:
(a)
the presence in person of the trustee (or the trustee
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s representative); and
(b)
a creditor, or a proxy or attorney of a creditor, participating in person or by telephone.
Note:
S 64N(2) substituted by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 items 48 and 209, applicable to meetings of which notice is given after 5 May 2003. For additional provision on the commencement of No 131 of 2002, see note under s 33A. S 64N(2) formerly read:
64N(2)
A quorum is constituted:
(a) if there is only one creditor who is entitled to vote:
(i) by that creditor, or a proxy or attorney of that creditor, participating in person or by telephone; and
(ii) by the presence in person of the trustee; or
(b) otherwise - by 2 persons participating in person or by telephone each of whom is either a creditor who is entitled to vote or the proxy or attorney of such a creditor.
S 64N inserted by No 9 of 1992, s 12
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