Bankruptcy Act 1966
Sections and provisions with full text and the judgments that cite each one.
Section 284 — Recovery of interest charge, realisations charge and late payment penalty
Interest charge, realisations charge or late payment penalty that is due and payable may be recovered by the Commonwealth as a debt due to the Commonwealth.
Section 285 — Payments by cheque or payment order
(1) If a person gives the Commonwealth a cheque or payment order in payment of an amount of interest charge, realisations charge or late payment penalty, the amount is taken not to be paid until the…
Section 286 — Regulations may deal with other matters
(1) The regulations may include other provisions dealing with the collection and recovery of interest charge, realisations charge or late payment penalty, including (but not limited to) provisions…
Section 301 — Certain provisions in contracts etc. to be void
(1) A provision in a contract or agreement for the sale of property, in a lease of property, in a hire-purchase agreement, in a licence or in a PPSA security agreement to the effect that: (a) the…
Section 302 — Certain provisions in bills of sale etc. to be void
(1) A provision in a bill of sale, mortgage, lien, charge or PPSA security agreement: (a) enabling the grantee, mortgagee, person entitled to the benefit of the lien or charge or PPSA secured party…
Section 302A — Certain provisions in governing rules of superannuation funds and approved deposit funds to be void
(1) This section applies to a provision in the governing rules of a provident, benefit, superannuation, retirement or approved deposit fund to the extent to which the provision has the effect that:…
Section 302AB — Certain provisions in RSA’s terms and conditions to be void
(1) This section applies to a provision in the terms and conditions of an RSA to the extent to which the provision has the effect that: (a) any part of the amount of money a bankrupt holds in an RSA…
Section 302B — Certain provisions in trust deeds void
(1) A provision of a trust deed is void to the extent that it has the effect of: (a) cancelling, reducing or qualifying a beneficiary’s interest under the trust; or (b) allowing the trustee to…
Section 303 — Applications to Court
Where in respect of any matter this Act provides that: (a) an application may be made to the Court; or (b) the Court or the Registrar may exercise a power; and does not specify the person by whom the…
Section 304 — Parts of dollar to be disregarded in determining majority in value of creditors etc.
In determining for the purposes of this Act whether a majority in value of creditors, or a particular proportion in value of creditors, has passed a resolution or done any other act or thing, if a…
Section 304A — Indexation
(1) In this section: indexable amount means: (a) the amount of $20 referred to in paragraph 77D(1)(a); or (b) the amount of $20 referred to in subsection 77E(2); or (c) the amount of $20 referred to…
Section 305 — Payment of expenses by Commonwealth
(1) Where the Minister, upon the application of the trustee of the estate of a bankrupt, the trustee under Part X in relation to a debtor or the trustee of the estate of a deceased person that is…
Section 306 — Formal defect not to invalidate proceedings
(1) Proceedings under this Act are not invalidated by a formal defect or an irregularity, unless the court before which the objection on that ground is made is of opinion that substantial injustice…
Section 306A — Protection of Registrars, magistrates etc. in relation to examinations
(1) A Registrar or magistrate has, in the exercise of the powers and the performance of the functions conferred on him or her by this Act in relation to the examination of a person, the same…
Section 306B — Protection in respect of reports
(1) An action, suit or proceeding does not lie against the Inspector-General, an Official Receiver, the trustee of the estate of a bankrupt or any other person in respect of a statement made in good…
Section 307 — Proceedings in firm name
Any person or persons carrying on business under a firm name may take proceedings or be proceeded against under this Act in the firm name, but in that case the Court may, on the application of an…
Section 308 — Representation of corporation etc.
Subject to this Act, for the purposes of this Act: (a) a corporation may act by any person duly authorized in that behalf by the corporation; (b) a partnership may act by any of its members or a duly…
Section 309 — Service of notices etc.
(1A) Where a trustee carries on business at 2 or more addresses, a notice or other document in relation to which no special manner of service is prescribed may be sent to the trustee at any of those…
Section 311 — Stamp duty not payable on trustee’s cheques or receipts
(1) In this section, trustee means: (a) a trustee of the estate of a bankrupt; or (b) a trustee of a personal insolvency agreement; or (c) a trustee of a composition or a scheme of arrangement; or…
Section 313 — Audit of accounts and records of the Official Trustee and the Official Receivers
(1) The Auditor-General shall inspect and audit the accounts and records of the Official Trustee and the Official Receivers, and shall forthwith draw the attention of the Minister to any irregularity…
Section 315 — Regulations
(1) The Governor-General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving…
Section 316 — Legislative instruments determining fees
(1) The Minister may make legislative instruments determining the amounts of one or more of the following: (a) fees for the purposes of one or more of subsections 54(4), 55(9), 56G(2) and 57(11),…