Bankruptcy Act

Australia

Act No. 33 of 1966 as amended This compilation was prepared on 1 September 2011 taking into account amendments up to Act No. 46 of 2011 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra Australia

Bankruptcy Act

Act No. 33 of 1966 as amended

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Abstract

An Act relating to Bankruptcy

Act No. 33 of 1966 as amended

This compilation was prepared on 1 September 2011

taking into account amendments up to Act No. 46 of 2011

The text of any of those amendments not in force on that date is appended in the Notes section

The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,

Attorney-General’s Department, Canberra

Part I Preliminary

1 Short title [see Note 1]

This Act may be cited as the Bankruptcy Act 1966.

2 Commencement [see Note 1]

This Act shall come into operation on a date to be fixed by Proclamation.

4 Repeal

(1) The Acts specified in Schedule 1 are repealed.

(2) Notwithstanding the repeal of the Bankruptcy Act 1958 or the Bankruptcy Act 1959 effected by subsection (1) of this section:

(a) the provisions of section 7 of the Bankruptcy Act 1958, as amended by the Bankruptcy Act 1959, continue to apply to a purported extension of time or a purported fixing of a time to which those provisions applied immediately before the commencement of this Act; and

(b) the provisions of section 5 of the Bankruptcy Act 1959 continue to apply to a seal or stamp to which those provisions applied immediately before the commencement of this Act;

as if those Acts had not been repealed.

Part IA Interpretation

5 Interpretation

(1) In this Act, unless the contrary intention appears:

ADI (authorised deposit-taking institution) means:

(a) a body corporate that is an ADI for the purposes of the Banking Act 1959; or

(b) the Reserve Bank of Australia; or

(c) any other bank approved in writing for the purposes of this definition:

(i) by the Treasurer; or

(ii) by a person authorised in writing by the Treasurer to give approvals for the purposes of this definition.

administrator, in relation to a debt agreement, means the person:

(a) authorised by the agreement to deal with property under the agreement; or

(b) who becomes the replacement administrator under section 185ZB; or

(c) appointed by an Official Receiver under section 185ZC.

affidavit includes affirmation and statutory declaration.

approved form means an electronic or other form approved, in writing, by the Inspector-General.

associated entity, in relation to a person, means:

(a) an entity (other than a company) that is, or has been, associated with the person; or

(b) a company that is, or has been, associated with the person at a time when the company is, or was, as the case may be, a private company.

authorised employee means an APS employee whose duties include either or both of the following:

(a) supporting the Inspector-General in the performance of his or her functions, or in the exercise of his or her powers, under this Act;

(b) supporting the Official Receivers in the performance of their functions, or in the exercise of their powers, under this Act.

available act of bankruptcy, in relation to a debtor, means an act of bankruptcy available for a petition against the debtor at the date of the presentation of the petition on which, or by virtue of the presentation of which, the debtor becomes a bankrupt.

bankrupt means a person:

(a) against whose estate a sequestration order has been made; or

(b) who has become a bankrupt by virtue of the presentation of a debtor’s petition.

bankruptcy, in relation to jurisdiction or proceedings, means any jurisdiction or proceedings under or