Skip to main
Help and resources
Register
for My Account
Sign in
to My Account
Search
Australian Government
Federal Register of Legislation
Site navigation
Constitution
Acts
Legislative instruments
Notifiable instruments
Gazettes
Administrative Arrangements
Prerogative instruments
Norfolk Island
Home
Norfolk Islands
In force
Text
Details
Authorises
Downloads
All versions
Interactions
Bankruptcy Act 2006 (NI)
In force
Administered by
Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts
Superseded version
View latest version
Order print copy
Save this title to My Account
Set up an alert
C2015Q00084
18 June 2015
-
30 June 2016
Legislation text
View document
Select value
Norfolk Island
Filter active
Table of contents
Enter text to search the table of contents
Collapse
PART 1 — PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Application
5. Calculation of a majority of creditors
6. Property of bankrupt that is divisible among his or her creditors
Collapse
PART 2 — OFFICIAL TRUSTEE IN BANKRUPTCY
7. Appointment of official trustee
8 Security by official trustee
9. Payments by official trustee to Public Account
10. Immediate functions of official trustee in relation to bankruptcy on debtor’s petition
11. Immediate functions of official trustee in relation to bankruptcy on creditor’s petition
12. Functions of official trustee in relation to trustees’ accounts
13. Oversight of elected trustees
14. Functions of official trustee in relation to liquidations under Division 14.1
15. Oversight of bankruptcy officers, etc
16. Official trustee’s records
Collapse
PART 3.—DETERMINATION OF BANKRUPTCY
Collapse
Division 3.1 — Preliminary
17. Determination by the Court
18. Institution of proceedings
19. Annulment of determination on application by person prejudicially affected
Collapse
Division 3.2 — Debtors’ Petitions
20. Debtors’ petitions generally
21. Debtors’ petitions by partnerships
22. Determinations
Collapse
Division 3.3—Creditors’ Petitions
Collapse
Subdivision 3.3.1 — Acts of bankruptcy
23. Definition of acts of bankruptcy
24. Available acts of bankruptcy
Collapse
Subdivision 3.3.2 — Bankruptcy notices
25. Proceedings for bankruptcy notice
26. Application to dismiss notice
Collapse
Subdivision 3.3.3 — Creditors’ Petitions Generally
27. Right to present creditors’ petitions
28. Form of petition
29. Signature of petition
30. Verification of petition
31. Evidentiary effect of verifying affidavit
32. Service of petition
33. Fee for entry of appearance
34. Proceedings on failure to appear
35. Proceedings on appearance
36. Affidavit by debtor showing cause against petition
37. Proceedings on hearing generally
38. Proceedings where debt contested
39. Costs.
40. Effect of payment to petitioning creditor
Collapse
Subdivision 3.3.4 — Petitions against Partnerships
41. Creditors’ petitions against partnerships
Collapse
Division 3.4.—Summoning of Witnesses, etc, prior to Determination
42. Summoning of witnesses, etc
43. Examination of witnesses
44. Failure to appear for examination
Collapse
Division 3.5 — Orders of Determination of bankruptcy
45. Publication of order of determination
46. Date of determination
47. Commencement of bankruptcy
48. Effects of determination as to property distributable among creditors
49. Effect of determination as to debts provable in the bankruptcy
50. Discharge of bankrupt in custody
51. Contents of order
Collapse
PART 4 —ELECTION, ETC, OF TRUSTEES AND COMMITTEES OF INSPECTION
Collapse
Division 4.1 — Meetings of Creditors for Purpose of Elections
52. Calling of meetings
53. Holding of meetings
54. Adjournment of meeting
55. Voting at meetings
56. Election, etc, of trustees and committees of inspection
57. Election of new trustee in case of improper voting
58. Court order for election of new trustee
59. Certificate of appointment of trustee
60. Lack of trustee
61. Lack of committee of inspection
62. Filling up numbers of members of committee of inspection
63. Defect in election
Collapse
Division 4.2 — Retirement, Removal, Replacement, etc
64. Trustees
65. Committees of inspection
Collapse
Division 4.3 — Miscellaneous
Collapse
Subdivision 4.3.1 — Trustees
66. Status of trustees
67. Compliance with directions of first meeting of creditors
68. Requirement of consent of committee of inspection
69. Indemnity to trustees
70. Vesting of property in trustees on appointment
Collapse
Subdivision 4.3.2 — Committees of Inspection
71. Quorum of committees
72. Effect of vacancies in committees
Collapse
PART 5.—PROPERTY OF BANKRUPTS DEVOLVING ON TRUSTEES
Collapse
Division 5.1 — Dealing with Proceeds of Sales under Execution
73. Holding of proceeds generally
74. Holding of proceeds where petition presented
75. Dealing with proceeds where no bankruptcy
Collapse
Division 5.2 — Salaries, Pensions, etc
76. Payment to creditors of part of salary, etc
Collapse
Division 5.3 — Avoidance, etc, of Certain Transactions
77. Transfers, etc, constituting acts of bankruptcy
78. Voluntary settlements
79. Fraudulent preferences
80. Other preferences to creditors
81. Other void transfers, etc
82. Saving of certain transactions
Collapse
Division 5.4 — Transfer, etc, of Certain Property
83. Property outside Norfolk Island
84. Property held by bankers, etc
Collapse
Division 5.5 — Discovery of Assets
85. Order to attend for examination and produce documents
86. Examinations
87. Incriminating questions
88. Order for payment of indebtedness to bankrupt found on examination
89. Reward for discovery of concealed property
Collapse
Division 5.6 — Seizure and Attachment
90. Seizure under order of Court
Collapse
Division 5.7 — Miscellaneous
91. Redirection of letters addressed to bankrupts
Collapse
PART 6 — ADMINISTRATION OF PROPERTY OF BANKRUPTS
Collapse
Division 6.1 — General
92. Duties of bankrupt
93. Trustees’ discretion in administration
94. Directions to trustees by committees of inspection and meetings of creditors
95. Meetings of committees of inspection
96. Meetings of creditors
97. Applications by trustees to the Court for directions
98. Trustee as receiver
99. Appeals
Collapse
Division 6.2 — Dealings with Property of Bankrupts
100. Duty of trustees to take possession of books and other personal property
101. General powers of trustees
102. Compositions and schemes of settlement
103. Employment of lawyers and agents
104. Disclaimer of onerous property
105. Rights to transfer shares, etc
106. Things in action
107. Transfers subject to rights of redemption, mortgages, etc
108. Payments into bank
109. Trustees’ books, etc
Collapse
Division 6.3 — Payments to Bankrupts, Apprentices, etc
110. Allowances in respect of maintenance of bankrupts, etc, and for services
111. Apprentices, etc
Collapse
Division 6.4 — Proof of Debt
112. Debts provable in bankruptcy
113. Manner of proof
114. Proof of future debts
115. Proof of rents and other periodical payments
116. Proof in respect of certain contracts
117. Secured creditors
118. Allowance of interest
119. Expunging, etc, of proofs
Collapse
Division 6.5 — Set-offs
120. Claims to and payment of set-offs
Collapse
Division 6.6 — Ranking of Debts
121. Preferential debts
122. Preference for certain rents
Collapse
Division 6.7 — Dividends
123. Declaration of dividend
124. Provision for distant creditors and for debts claimed but not yet proved
125. Late proofs of debt
126. Dividends in relation to future debts
127. Actions for dividends
128. Forfeiture of unclaimed dividends
Collapse
Division 6.8 — Final Dividends and Distribution of Surplus
129. Final dividends
130. Distribution of net surplus
Collapse
PART 7 — CLOSE OF BANKRUPTCY AND DISCHARGE OF BANKRUPT, ETC
Collapse
Division 7.1 — Close of bankruptcy.
131. Last examination of bankrupt
132. Close of bankruptcy
Collapse
Division 7.2 — Discharge of bankrupt
133. Certificates of discharge
134. Discharge for absence of responsibility or full settlement
135. Discharge after one year with consent of creditors, or after two years in any case
136. Right to discharge after three years
137. Conditional grant of certificate
138. Form, etc, of certificate
139. Effect of certificate of discharge
140. Evidence of discharge
141. Payments, etc, to influence creditors
Collapse
Division 7.3 — Undischarged Bankrupts
142. Position of undischarged bankrupts.
Collapse
Division 7.4 — Annulment of Determination
143. Annulment on payment in full
144. Consequences of annulment
Collapse
PART 8 — RELEASE OF TRUSTEES
145. Application for release
146. Effect of release
147. Disposal of unclaimed dividends and outstanding property
Collapse
PART 9 — PARTNERSHIP BANKRUPTCIES, JOINT AND SEPARATE ESTATES, ETC
148. Amalgamation of proceedings against partners
149. Proof, etc, by creditors of partnerships
150. Joint and separate dividends
Collapse
PART 10 — PROCEEDINGS IN BANKRUPTCY
Collapse
Division 10.1 — General Powers and Practice of the Court
151. Dealing with matters in Chambers
152. Power of review
153. Cases stated
154. Costs
155. General powers of the Court
156. Staying of proceedings
157. Committal to prison
Collapse
Division 10.2 — Supplemental Procedural Provisions
158. Consolidation of proceedings
159. Failure to proceed
160. Proceedings by corporations
161. Proceedings by creditors who are partners
162. Appointment of agents by creditors
163. Death of bankrupt
Collapse
Division 10.3 — Evidentiary Provisions
164. Form of evidence
165. Evidence of proceedings at meetings of creditors
166. Evidence of proceedings in bankruptcy
167. Depositions, etc
168. Transcripts of oral testimony
169. Death of witness
Collapse
PART 11 — PROCEEDINGS BY AND AGAINST DEBTORS
170. Continuance of certain actions by bankrupts
171. Actions against bankrupts
172. Rights, etc, under third party insurance
173. Proceedings by trustees and partners of bankrupts
Collapse
PART 12 — ABSCONDING DEBTORS
174. Absconding, etc, after granting of bankruptcy notice and before determination of bankruptcy
175. Absconding, etc, after petition
Collapse
PART 13 — MISCELLANEOUS
176. Expenses of registry
177. Assignees of things in action
178. Contracts with bankrupts and other persons jointly
179. Exemptions from duty
180. Proceedings in respect of things done under this Act
181. Order for prosecution
182. Expenses of prosecution
Collapse
PART 14 — ARRANGEMENTS AND COMPOSITIONS
Collapse
Division 14.1 — Liquidations by Arrangements
183. Resolution for liquidation by arrangement
184. Registration of resolution
185. Meetings of creditors
186. Certificate of appointment of trustee
187.Property of debtor divisible among creditors
188. Powers of trustee and distribution of property
189. Accounting for moneys, etc, by trustees
190. Close of liquidation, discharge of debtor and release of trustee
191. Application of bankruptcy provisions
192. Determination of bankruptcy
Collapse
Division 14.2 — Compositions with Creditors
193. Calculation of a majority of creditors for purposes of Division 14.2
194. Resolution for composition
195. Registration of resolution
196. Variation of composition
197. Effect and enforcement of compositions
198. Statements concerning bills of exchange and promissory notes
199. Determination of bankruptcy
Collapse
Division 14.3 — General
200. Debts incurred by fraud
201. Form of Gazette notice
Collapse
PART 15 — ASSISTANCE BY THE COURT TO A COURT HAVING JURISDICTION IN BANKRUPTCY MATTERS IN AUSTRALIA OR A FOREIGN COUNTRY
202. Application of this Part
203. Minister may declare foreign countries, etc
204. Assistance by the Court to Courts of a foreign country
205. Request for assistance to be made in writing
Collapse
PART 16 - REGULATIONS
Collapse
206. Rules and Regulations
SCHEDULE