Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the Bankruptcy (Estate Charges) Act 1997 and the Bankruptcy (Estate Charges) Amendment Act 2001, and for related purposes
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Introduced HR 21 Mar 2002

Bankruptcy (Estate Charges) Amendment Bill 2002
First Reading

Bankruptcy (Estate Charges) Amendment Bill 2002
First Reading

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2002

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Bankruptcy (Estate Charges) Amendment Bill 2002

No. , 2002

(Attorney-General)

A Bill for an Act to amend the Bankruptcy (Estate Charges) Act 1997 and the Bankruptcy (Estate Charges) Amendment Act 2001, and for related purposes

Contents

Part 1--Amendments       3

Bankruptcy (Estate Charges) Act 1997       3

Bankruptcy (Estate Charges) Amendment Act 2001       4

Part 2--Application of amendments       5

A Bill for an Act to amend the Bankruptcy (Estate Charges) Act 1997 and the Bankruptcy (Estate Charges) Amendment Act 2001, and for related purposes

The Parliament of Australia enacts:

1 Short title
        This Act may be cited as the Bankruptcy (Estate Charges) Amendment Act 2002.

2 Commencement
       (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

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, items 1 to 10

Immediately after section 1 of the Bankruptcy (Estate Charges) Amendment Act 2001 commences
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3. Schedule 1, item 11

The day on which this Act receives the Royal Assent


4. Schedule 1, items 12 and 13

Immediately after section 1 of the Bankruptcy (Estate Charges) Amendment Act 2001 commences


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 is for additional information that is not part of this Act. This information may be included 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.

Schedule 1--Amendments and application provisions
Part 1--Amendments

Bankruptcy (Estate Charges) Act 1997

1 Subsection 5(1)

Omit "trustee", substitute "person".

2 Subsection 5(1A)

Omit "trustee", substitute "person".

3 Subsection 5(3)

Omit "trustee", substitute "person".

4 Subsection 6(1)

Omit "trustee" (first occurring), substitute "person".

5 Subsection 6(1A)

Omit "trustee", substitute "person".

6 Subsection 6(2)

Omit "trustee", substitute "person".

7 Subsection 6A(1)

Omit "trustee" (wherever occurring), substitute "person".

8 Section 7A

Omit "trustee" (wherever occurring), substitute "person".

9 Section 7A

Omit "trustee's", substitute "person's".

Note:       The heading to section 7A is altered by omitting "trustee" and substituting "person".

10 Subsections 8(2) and (3)

Omit "trustee" (wherever occurring), substitute "person".

Bankruptcy (Estate Charges) Amendment Act 2001

11 Section 2

Omit "at the same time as section 1 of the Bankruptcy Legislation Amendment Act 2001", substitute "immediately after the commencement of section 1 of the Bankruptcy (Estate Charges) Amendment Act 2002".

Part 2--Application of amendments

12 Items 1 to 3

The amendments made by items 1, 2 and 3 apply to interest paid, after the commencement of those items, into the account held by a person for the purposes of section 169 of the Bankruptcy Act 1966.

13 Items 4 to 10

The amendments made by items 4, 5, 6, 7, 8, 9 and 10 apply to amounts received after the commencement of those items.