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Wednesday, 23 March 1966


Mr SNEDDEN (Bruce) (AttorneyGeneral) . - I propose to move 10 amendments to these clauses and schedules, the relevant portions of which read -

Clause 205. (1.) Subject to this section, where notice in writing of the signing by a debtor of an authority under section 188 of this Act, of the calling of a meeting of creditors of a debtor in pursuance of this Di vision or of the passing of a special resolution under the last preceding sec tion requiring a debtor to execute a deed of assignment or a deed of arrangement or present a debtor's petition or accepting a composition is given to a sheriff, the sheriff-

(a)   shall refrain from talcing any action to sell property of the debtor in pursuance of any process of execution issued by or on behalf of a creditor; and

(b)   shall not pay to the creditor by whom or on whose behalf the execution was issued or any person on his behalf the proceeds of the sale of property of the debtor that hasbeen sold in pursuance of any such process or any moneys seized, or paid to avoid seizure or sale of property of the debtor, under any such process.

Clause 218. (1.) The trustee of a deed of assignment or a deed of arrangement entered into in pursuance of this Part shall-

(a)   forthwith after the execution of the deed by the debtor and the trustee -

(i)   give notice of that fact, in accordance with the rules, to each creditor of the debtor; and

(ii)   cause notice of that fact, and of the nature of the deed, to be published in the Gazette; and

(b)   within twenty-one days after the execution of the deed by the debtor and the trustee - filea copy of the deed and a copy of the statement of the debtor's affairs referred to in section 195 of this Act in the office of the Registrar.

Clause 254. (4.) Upon receipt by the Treasurer of an office copy of an order under the last preceding subsect on, the Treasurer shall pay to the person in whose favour the order was made the amount specified in the order out of moneys lawfully available for the purpose. (1.) A bankrupt -

Clause 265.

(c)   shall not refuse or fail to comply with a direction of the trustee to deliver up to the trustee his property or a part of his property, being property or a part of his property that is in his custody or under his control;

(e)   shall not refuse or fail to comply with a direction of the trustee to deliver up to the trustee any books, documents, papers or writings in his custody or under his control relating to his trade dealings, property or affairs; (3.) A bankrupt shall not, for the purpose of obtaining the consent of his creditors or any of them to any matter relating to his trade dealings, property or affairs, make a false representation or commit any fraud.

Penalty: Imprisonment for three years. (5.) A person who, after the presentation of a petition on which, or by virtue of the presentation of which, he becomes a bankrupt -

(a)   obtains property by fraud; or

(b)   in incurring any debt or liability, obtains credit by fraud, b guilty of an offence and is punishable, upon conviction, by imprisonment for a period not exceeding three years. (8.) A person who has become a bankrupt and, within two years before he became a bankrupt and after the commencement of this Act, has contracted a debt provable in the bankruptcy of an amount of Two hundred and fifty pounds or upwards without having at the time of contracting it any reasonable or probable ground of expectation, after taking into consideration his other liabilities (if any), of being able to pay the debt, is guilty of an offence and is punishable, upon conviction, by imprisonment for a period not exceeding one year. (9.) It is a defence to a charge under this section (not being a charge under sub-section (3.) or (5.)) if the defendant proves that the act or omission to which the charge relates was done or made without intent to defraud any of his creditors.

Clause 268. (2.) A debtor who has executed a deed of assignment or a deed of arrangement under Part x.-

(a)   shall, to the best of his knowledge and belief, fully and truly disclose to the trustee of the deed all the property assigned by the deed and its value;

(b)   shall not refuse or fail to comply with a direction of the trustee of the deed to deliver up to the trustee property assigned by the deed that is in the custody or under the control of the debtor;

(c)   shall not refuse or fail to comply with -

(i)   a direction of the trustee of the deed to disclose the whereabouts of any books, documents, papers or writings relating to his trade dealings, property or affairs; or

(ii)   a direction of the trustee of the deed to deliver up to the trustee any books, documents, papers or writings relating to his trade dealings, property or affairs that are in his custody or under his control; (3.) A debtor who has executed a deed of assignment or a deed of arrangement under Part

x.   shall not make a false representation or commit any fraud for the purpose of obtaining the consent of his creditors or any of them to any matter relating to his trade dealings, property or affairs.

Penalty: Imprisonment for three years. (7.) A debtor who has signed an authority under section 188 of this Act, and has, within twelve months before the date on which he signed that authority and after the commencement of this Act -

(a)   done any of the things specified in any of paragraphs (a) to (f) of sub-section (4.) of section 265 of this Act or paragraph (a) or (b) of sub-section (5.) of that section; or

(b)   disposed of, or created a charge on, any property with intent to defraud his creditors, is guilty of an offence and is punishable, upon conviction, if the offence relates to the doing of a thing specified in paragraph (a) or (b) of subsection (5.) of section 265 of this Act or a thing specified in paragraph (b) of this sub-section, by imprisonment for a period not exceeding three years or, in any other case, by imprisonment for a period not exceeding one year. (8.) It is a defence to a charge under this section (not being a charge under sub-section (3.) of this section or a charge relating to the doing of a thing specified in paragraph (a) or (b) of sub-section (5.) of section 265 of this Act or paragraph (b) of the last preceding sub-section) if the defendant proves that the act or omission to which the charge relates was done or made without intent to defraud any of his creditors.

Clause 278. (1.) A person who was a bankrupt at the commencement of this Act, whether he became a bankrupt under the repealed Act or a law of a State or Territory, continues to be a bankrupt until he is discharged, or his bankruptcy is annulled, under this Act and, subject to this Part, the provisions of this Act apply, so far as they are capable of application and subject to such modifications and adaptations (if any) as are prescribed by the rules, to and in relation to such a bankrupt as if he had become a bankrupt under this Act. (2.) The provisions of section 66 of the Bankruptcy Act 1924-1960 continue to apply in relation to a person against whose estate a sequestration order was made under the repealed Act but who had not filed the statement of affairs referred to in that section before the commencement of this Act, whether or not the time allowed under that section for filing the statement of affairs had expired before the commencement of this Act.

Clause 295. (1.) Upon the commencement of this Act, the moneys standing to the credit of The Bankruptcy Estates Account established under section 208 ot the repealed Act shall be paid to the Consolidated Revenue Fund and that Account shall be closed. (2.) A person who claims to be entitled to any moneys paid into The Bankruptcy Estates Account in pursuance of section 208 of the repealed Act, being rooneys paid to the Consolidated Revenue Fund in pursuance of the last preceding sub-section, may apply to the Court for an order under this section declaring him to be so entitled and, if the Court is satisfied that the applicant is entitled to those moneys or any part of those moneys, it may make an order accordingly. (3.) Upon receipt by the Treasurer of an office copy of an order under this section, the Treasurer shall pay to the person in whose favour the order was made the amount specified in the order out of moneys lawfully available for the purpose.

First Schedule.

Acts Repealed.

Bankruptcy Act 1924

Bankruptcy Act 1927

Bankruptcy Act 1928

Bankruptcy Act 1929

Bankruptcy Act 1930

Bankruptcy Act 1932

Bankruptcy Act 1933

Bankruptcy Act 1945

Bankruptcy Act 1946

Bankruptcy Act 1954

Bankruptcy Act 1958

Bankruptcy Act 1959

I seek leave to move the 10 amendments together.







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