Bankruptcy Regulations 2021

SCHEDULE 4 - MODIFICATIONS UNDER PART XI OF THE ACT - ADMINISTRATION OF ESTATES OF DECEASED PERSONS  

Note:

See section 71 .


Bankruptcy Act 1966

37   Subsection 109A(1)  
Repeal the subsection, substitute:


(1)
If:


(a) a contract of employment with a person who has since died and whose estate is being administered under Part XI was subsisting immediately before the day of the person ' s death; or


(b) a contract of employment with the trustee, in the trustee ' s capacity as trustee, of an estate that is being administered under Part XI was subsisting immediately before the day of the order for the administration;

the employee under the contract is, whether or not the employee is a person referred to in subsection (2), entitled to payment under section 109 as if the employee ' s employment had been terminated:


(c) in the case that paragraph (a) applies:


(i) by the person; and

(ii) on the day;

mentioned in that paragraph; or


(d) in the case that paragraph (b) applies:


(i) by the trustee; and

(ii) on the day;

mentioned in that paragraph.



 

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