Bankruptcy Amendment Act 1993

No. 11 of 1993

An Act to amend the Bankruptcy Act 1966

[Assented to 31 May 1993]

The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the Bankruptcy Amendment Act 1993.

(2) In this Act, “Principal Act” means the Bankruptcy Act 1966¹.

Commencement

2.  This Act commences on the day on which it receives the Royal Assent.

Payment of contribution

3.  Section 139ZG of the Principal Act is amended by omitting subsections (3), (4) and (5) and substituting the following subsections:

“(3) The total of any contributions or instalments that are not paid by the bankrupt is recoverable by the trustee as a debt due to the estate of the bankrupt.

“(4) The trustee may, in connection with proceedings to recover the debt:

(a)     sign a certificate setting out the nature and the amount of the debt; and

(b)     file the certificate in the court in which the proceedings have been instituted.

“(5) In such proceedings, the certificate is prima facie evidence of the existence of the debt and the amount of the debt.”.

NOTE

1.     No. 33, 1966, as amended. For previous amendments, see No. 121, 1968; No. 40, 1969; No. 122, 1970; No. 216, 1973; No. 56, 1975; Nos. 37, 91 and 161, 1976; No. 111, 1977; No. 155, 1979; Nos. 12 and 70, 1980; Nos. 74 and 176, 1981; No. 18, 1983; Nos. 10 and 63, 1984; Nos. 21 and 193, 1985; Nos. 154 and 168, 1986; Nos. 73 and 119, 1987; Nos. 8, 38 and 99, 1988; No. 129, 1989; No. 115, 1990; and Nos. 9, 81, 143 and 210, 1992.

[Minister’s second reading speech made in—

House of Representatives on 5 May 1993

Senate on 12 May 1993]