Federal Register of Legislation - Australian Government

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Bankruptcy Act 1928

Authoritative Version
  • - C1928A00039
  • No longer in force
Act No. 39 of 1928 as made
An Act to amend the Bankruptcy Act 1924-1927.
Date of Assent 26 Sep 1928
Date of repeal 04 Mar 1968
Repealed by Bankruptcy Act 1966




No. 39 of 1928.

An Act to amend the Bankruptcy Act 1924-1927.

[Assented to 26th September, 1928.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.)  This Act may be cited as the Bankruptcy Act 1928.

(2.)  The Bankruptcy Act 1924–1927 is in this Act referred to as the Principal Act.

(3.)  The Principal Act, as amended by this Act, may be cited as the Bankruptcy Act 1924–1928.

Extension of Act to Territories.

2.—(1.)  Section eight of the Principal Act is amended by adding at the end thereof the words “which is not part of the Commonwealth”.

(2.)  This section shall be deemed to have been passed on the day on which the Bankruptcy Act 1924 was passed, and all proclamations made under the Principal Act before the commencement of the Bankruptcy Act 1924 shall have effect and be deemed to have had effect accordingly.

Bankruptcy Courts.

3.—(1.)  Section eighteen of the Principal Act is amended—

(a) by omitting paragraph (a) of sub-section (2.) and inserting in its stead the following paragraph:—

“(a) in the case of a State Court by any Judges of the Court; and”; and

(b) by adding at the end thereof the following sub-section:—

“(3.) When any such proclamation is revoked and a further proclamation is made under this section, any bankruptcy matters then pending in a Court which was specially authorised by the prior proclamation to exercise jurisdiction in bankruptcy but is not so authorised by the further proclamation, may—

(a) be transacted and disposed of by or under the direction of a Judge or Judges of the Court in which it was pending at the date of the further proclamation; or