Bankruptcy Act 1966
[ CCH Note: Modification Declaration FRLI No F2021L00261 ( Bankruptcy Regulations 2021 : FRLI No F2021L00261, registered on 19 March 2021 and effective from 1 April 2021.)
Part VIII of the Act is modified by inserting Division 1A before Division 1:
]Division 1A - Interpretation
SECTION 154A INTERPRETATION
154A
In this Part, in its application to Part X , a reference to a registered trustee includes a reference to a controlling trustee and a trustee of a personal insolvency agreement.
A registered trustee may, by instrument signed by him or her and filed with the Official Receiver, consent to act: (a) as the trustee of the estate of the debtor specified in the instrument in the event that the debtor becomes a bankrupt; or (b) as the trustee of the joint and separate estates of such of the debtors specified in the instrument, being members of a partnership or joint debtors who are not in partnership with one another, as may become bankrupts, or, if only one of those debtors becomes a bankrupt, as the trustee of the estate of that debtor.
[ CCH Note: Modification Declaration FRLI No F2021L00261 ( Bankruptcy Regulations 2021 : FRLI No F2021L00261, registered on 19 March 2021 and effective from 1 April 2021.)
Subsection 156A(1) of the Act is modified by inserting " deceased " before " debtor " (first occurring) in para (a) and substituting " deceased debtor ' s estate is administered under Part XI " for " debtor becomes a bankrupt " in para (a). ]
Hide history note
View history noteS 156A(1) inserted by No 74 of 1981, s 136; amended by No 44 of 1996, Sch 1, Pt 1(284).
156A(2)
An instrument under subsection (1) shall be in accordance with the approved form.
S 156A(2) inserted by No 74 of 1981, s 136; amended by No 44 of 1996, Sch 1, Pt 1(285).
156A(3)
Where: (a) at the time when a debtor becomes a bankrupt, a registered trustee has, under subsection (1) , consented to act as the trustee of the estate of the debtor and the consent has not been revoked, the registered trustee becomes, at that time, by force of this subsection, the trustee of the estate of the bankrupt; and (b) at the time when 2 or more debtors, being members of a partnership or joint debtors who are not in partnership with one another, become bankrupts, a registered trustee has, under subsection (1) , consented to act as the trustee of the joint and separate estates of those debtors and the consent has not been revoked, the registered trustee becomes, at that time, by force of this subsection, the trustee of the joint and separate estates of those bankrupts.
[ CCH Note: Modification Declaration FRLI No F2021L00261 ( Bankruptcy Regulations 2021 : FRLI No F2021L00261, registered on 19 March 2021 and effective from 1 April 2021.)
Subsection 156A(3) of the Act is modified by substituting " deceased debtor ' s estate is administered under Part XI " for " debtor becomes a bankrupt " in para (a) and substituting " estate " for " estate of the bankrupt " in para (a). ]
S 156A(3) inserted by No 74 of 1981, s 136.
156A(4)
(Repealed by No 11 of 2016)
S 156A(4) repealed by No 11 of 2016, s 3 and Sch 1 item 48, applicable in relation to the administration of regulated debtors ' estates on and after 1 September 2017. S 156A(4) formerly read:
156A(4)
A creditor may file with the Court an application for the removal by the Court of a trustee of the estate of a bankrupt, being a trustee who is the trustee of that estate by virtue of subsection (3), on the ground:
(a) that the trustee is not fit to act as trustee; or
(b) that the connection of the trustee with, or the relation of the trustee to, the bankrupt is likely to make it difficult for him or her to act with impartiality in the interests of the creditors generally.
156A(5)
(Repealed by No 11 of 2016)
S 156A(5) repealed by No 11 of 2016, s 3 and Sch 1 item 48, applicable in relation to the administration of regulated debtors ' estates on and after 1 September 2017. S 156A(5) formerly read:
156A(5)
Where an application under subsection (4) is filed, the Court may, if a ground specified in that subsection is established, remove the trustee from office and may appoint another registered trustee to be trustee in his or her place.
S 156A(5) inserted by No 74 of 1981, s 136.
156A(5A)
(Repealed by No 11 of 2016)
S 156A(5A) repealed by No 11 of 2016, s 3 and Sch 1 item 48, applicable in relation to the administration of regulated debtors ' estates on and after 1 September 2017. S 156A(5A) formerly read:
156A(5A)
If the Court removes the trustee and appoints another trustee, the creditor who applied for the removal must give the Official Receiver written notice of the removal and appointment as soon as practicable.
S 156A(5A) inserted by No 44 of 1996, Sch 1, Pt 1(287).
156A(6)
(Repealed by No 11 of 2016)
S 156A(6) repealed by No 11 of 2016, s 3 and Sch 1 item 48, applicable in relation to the administration of regulated debtors ' estates on and after 1 September 2017. S 156A(6) formerly read:
156A(6)
Where the Court appoints a person as trustee under subsection (5), the Official Receiver must issue to the person a certificate of appointment.
S 156A(6) inserted by No 74 of 1981, s 136; amended by No 44 of 1996, Sch 1, Pt 1(288).
156A(7)
(Repealed by No 11 of 2016)
S 156A(7) repealed by No 11 of 2016, s 3 and Sch 1 item 48, applicable in relation to the administration of regulated debtors ' estates on and after 1 September 2017. S 156A(7) formerly read:
156A(7)
The appointment of a trustee under subsection (5) takes effect from and including the date on which the Court makes the appointment or such later date as the Court directs.
S 156A(7) inserted by No 74 of 1981, s 136.
[ CCH Note: Modification Declaration FRLI No F2021L00261 ( Bankruptcy Regulations 2021 : FRLI No F2021L00261, registered on 19 March 2021 and effective from 1 April 2021.)
Section 156A of the Act is modified by repealing the section. ]
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