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Bankruptcy and Family Law Legislation Amendment Bill 2005

2004-2005

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

As read a third time

 

 

 

 

 

 

 

 

 

Bankruptcy and Family Law Legislation Amendment Bill 2005

 

No.      , 2005

 

 

 

 

 

A Bill for an Act to amend the Bankruptcy Act 1966 , and for other purposes

   

   



Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedule(s)......................................................................................... 2

Schedule 1—Amendments relating to the interaction between family law and bankruptcy law               3

Part 1—Amendments                                                                                                     3

Bankruptcy Act 1966                                                                                                   3

Family Law Act 1975                                                                                                   5

Part 2—Application provisions                                                                               22

Schedule 2—Amendments relating to income contributions                      24

Bankruptcy Act 1966                                                                                                 24

Schedule 3—Amendment relating to maintenance agreements                44

Bankruptcy Act 1966                                                                                                 44

Schedule 4—Amendments relating to financial agreements under the Family Law Act 1975    45

Bankruptcy Act 1966                                                                                                 45

Schedule 5—Additional amendments relating to the interaction between family law and bankruptcy law                                                                                                                             46

Family Law Act 1975                                                                                                 46

 



This bill originated in the Senate; and, having this day passed, is now ready for presentation to the House of Representatives for its concurrence.

                                          HARRY EVANS

                                      Clerk of the Senate

The Senate

9 February 2005

A Bill for an Act to amend the Bankruptcy Act 1966 , and for other purposes

The Parliament of Australia enacts:

1   Short title

                   This Act may be cited as the Bankruptcy and Family Law Legislation Amendment Act 2005.

2   Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

 

2.  Schedule 1

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

 

3.  Schedule 2

The day on which this Act receives the Royal Assent.

 

4.  Schedules 3, 4 and 5

The 28th day after the day on which this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3   Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.