Bankruptcy Act 1966
Sections and provisions with full text and the judgments that cite each one.
Section 189AB — Charge over debtor’s property that is subject to control
Creation of charge (1) When the debtor’s property becomes subject to control under this Division, the debtor’s property is charged with: (a) the debtor’s unsecured debts at the time the debtor signed…
Section 189B — Controlling trustee to prepare statement about possible resolutions
(1) A controlling trustee under an authority under section 188 must prepare a written statement about the special resolutions under section 204 that may reasonably be expected to be passed at a…
Section 189AC — Right of indemnity for controlling trustee
(1) The controlling trustee is entitled to be indemnified out of the debtor’s property for: (a) his or her remuneration; and (b) any costs, charges or expenses properly and reasonably incurred by the…
Section 190 — Duties and powers of controlling trustee
(1) The controlling trustee must call a meeting of the debtor’s creditors under this Division. (2) The controlling trustee is empowered: (a) to take immediate control of the debtor’s property and…
Section 190A — Additional duties of controlling trustee
The duties of the controlling trustee include the following: (a) notifying the debtor’s creditors of the giving by the debtor of an authority under section 188; (c) taking whatever action is…
Section 191 — Payments to protect property etc.
Without prejudice to the powers conferred on a controlling trustee by section 190, the trustee may, at any time while the property of the debtor is subject to his or her control, make any payments…
Section 192 — Changing the controlling trustee
(1) If a registered trustee or solicitor who has consented to exercise the powers given by an authority under section 188: (a) dies; or (b) ceases to be a registered trustee or solicitor; or (c)…
Section 204 — Resolution for personal insolvency agreement
(1) The creditors may, at a meeting called in pursuance of an authority under section 188, by special resolution: (a) where the debtor’s property is subject to control under this Division, resolve…
Section 205 — Duties of sheriff after receiving notice of signing of authority under section 188 etc.
(1) Subject to this section, where notice in writing of the signing by a debtor of an authority under section 188, of the calling of a meeting of creditors of a debtor in pursuance of this Division…
Section 205A — Duties of sheriff after receiving notice of execution of personal insolvency agreement etc.
(4) Subject to this section, where: (a) the sheriff is satisfied: (i) that a debtor has executed a personal insolvency agreement; and (ii) that: (A) property of the debtor in his or her possession…
Section 206 — Court may adjourn hearing of petition where creditors have passed resolution for personal insolvency agreement
(1) Where: (a) a meeting of creditors has, in accordance with this Part, passed a special resolution requiring a debtor to execute a personal insolvency agreement; and (b) a creditor’s petition was…
Section 207 — Surrender of security etc. where secured creditor has voted
(1) Where a secured creditor has estimated the value of his or her security for the purposes of voting at a meeting of creditors at which a special resolution requiring the debtor to execute a…
Section 208 — Termination of control of debtor’s property by the Court
The Court may make an order releasing the debtor’s property from control under this Division if: (a) an interested person applies to the Court for such an order; and (b) the Court is satisfied that…
Section 209 — Acts of controlling trustee to bind trustee of subsequent personal insolvency agreement or bankruptcy
Where: (a) a debtor signs an authority under section 188; and (b) subsequently a personal insolvency agreement is entered into by the debtor or the debtor becomes a bankrupt; all payments made, acts…
Section 210 — Other provisions about controlling trustee
Part VIII, with any modifications prescribed by the regulations, applies in relation to the controlling trustee in relation to a debtor as if: (a) the debtor were a bankrupt; and (b) the controlling…
Section 211 — Other provisions about debtor
(1) Sections 77, 77A, 77C, 77D, 77E, 77F, 78 (other than paragraphs 78(1)(a), (b) and (c)) and 81, with any modifications prescribed by the regulations, apply in relation to a debtor whose property…
Section 215 — Eligibility to be trustee of personal insolvency agreement
Only a registered trustee or the Official Trustee can be a trustee of a personal insolvency agreement.
Section 215A — Nomination or appointment of trustee of personal insolvency agreement
(1) A resolution that is passed at a meeting of creditors and purports to: (a) nominate one or more persons under subsection 204(3) to be a trustee or trustees; or (b) appoint a person under…
Section 216 — Execution of personal insolvency agreements
(1) A personal insolvency agreement must be executed by the debtor and the trustee within 21 days from the day on which the special resolution requiring the debtor to execute the agreement was…
Section 217 — Failure of trustee to execute personal insolvency agreement
(1) Where a personal insolvency agreement is not executed, as required by section 216, by the registered trustee, or a registered trustee, nominated in a resolution of a meeting of creditors under…
Section 218 — Notice of execution of personal insolvency agreement
(1) The trustee of a personal insolvency agreement entered into in pursuance of this Part shall: (a) notify each creditor of the debtor as soon as practicable after the debtor and the trustee have…
Section 219 — Trustee may sue, be sued etc. by official name
(1) The trustee of a personal insolvency agreement entered into in pursuance of this Part may sue and be sued by the prescribed official name and may, by that name, hold, dispose of or acquire…
Section 220 — Filling of vacancy in office of trustee after execution of personal insolvency agreement etc.
(1) Where a vacancy occurs in the office of trustee of a personal insolvency agreement entered into under this Part, a meeting of creditors called for the purpose may, by resolution, appoint a…
Section 221 — Sequestration order where debtor fails to attend meeting, execute personal insolvency agreement etc.
(1) Where: (a) a debtor has failed, without sufficient cause, to attend a meeting of creditors called under an authority signed by him or her under section 188; (aa) a debtor has contravened…
Section 221A — Variation of personal insolvency agreement
Variation by special resolution of creditors (1) The creditors, with the written consent of the debtor, may vary a personal insolvency agreement by special resolution at a meeting called for the…
Section 222 — Court may set aside personal insolvency agreement
Setting aside on grounds of unreasonableness etc. (1) If a personal insolvency agreement is in force, the Court may, on application by: (a) the Inspector-General; or (b) the trustee; or (c) a…
Section 222A — Termination of personal insolvency agreement by trustee
(1) The trustee of a personal insolvency agreement may, in writing, propose the termination of the agreement if the trustee is satisfied that the debtor is in default. (2) The trustee must give…
Section 222B — Termination of personal insolvency agreement by creditors
(1) The creditors may, by resolution at a meeting called for the purpose, terminate a personal insolvency agreement if: (a) the debtor is in default; and (b) before the passage of the resolution, the…
Section 222C — Court may terminate personal insolvency agreement
(1) If a personal insolvency agreement is in force, the Court may, on application by: (a) the trustee; or (b) a creditor; or (c) the debtor; or (d) if the debtor has died—the person administering the…
Section 222D — Termination of personal insolvency agreement by occurrence of terminating event
A personal insolvency agreement is terminated by the occurrence of any circumstance or event on the occurrence of which the agreement provides that it is to terminate.
Section 224 — Validity of acts if personal insolvency agreement set aside or terminated
Scope (1) This section applies if a personal insolvency agreement is: (a) set aside by the Court; or (b) terminated. Validity of acts (2) All payments made, acts and things done and transactions…
Section 224A — Notice that a personal insolvency agreement has been set aside, varied or terminated
(1) If a personal insolvency agreement is terminated or varied by a resolution or special resolution at a meeting of creditors called for the purpose, the trustee of the agreement must, before the…
Section 225 — Evidence of personal insolvency agreement, resolution etc.
(1) A personal insolvency agreement that purports to have been executed by the debtor and by the trustee, and to have been attested in accordance with this Part, shall, unless and until the contrary…
Section 226 — Creditor may inspect personal insolvency agreement etc.
(1) A person who states in writing that he or she is a creditor of a debtor who has executed a personal insolvency agreement under this Part may, at all reasonable times, inspect without fee,…
Section 227 — Stamp duty not payable on personal insolvency agreements etc. entered into under this Part
Stamp duty is not payable under a law of a State or Territory on: (a) an authority under section 188; or (b) a personal insolvency agreement.
Section 229 — Personal insolvency agreement to bind all creditors
(1) A personal insolvency agreement that: (a) is entered into in accordance with this Part; and (b) complies with the requirements of this Part; is, upon being duly executed by the debtor and the…
Section 230 — Release of provable debts
(1) If a personal insolvency agreement provides for a debtor to be released from a provable debt, the agreement operates to release the debtor from that provable debt unless the agreement is set…
Section 231 — Application of general provisions of Act to personal insolvency agreements
(1) Sections 77, 77A, 77AA, 77C, 77D, 77E, 77F, 78 (other than paragraphs 78(1)(a), (b) and (c)) and 81 apply, with the prescribed modifications (if any), in relation to a debtor who has executed a…
Section 231A — Right of debtor to remaining property
(1) The debtor to whom a personal insolvency agreement relates is entitled to any property remaining after payment in full of: (a) the costs, charges and expenses of the administration of the…
Section 232 — Certificate relating to discharge of obligations
(1) If the trustee of a personal insolvency agreement is satisfied that all the obligations that the agreement created have been discharged, the trustee must, on written request by the debtor, give…
Section 244 — Administration of estates under this Part upon petition by creditor
(1) Subject to this section, where: (a) a debt of not less than the statutory minimum was owing by a deceased person at the time of his or her death to a creditor, or debts amounting in the aggregate…
Section 245 — Debtor dying after presentation of creditor’s petition
(1) Subject to subsection (2), where a person against whom a creditor’s petition has been presented under Part IV dies after he or she has been served with the petition but before a sequestration…
Section 246 — Statement of deceased debtor’s affairs etc. by legal personal representative
(1) Where an order is made under section 244 or 245 for the administration of the estate of a deceased person under this Part, and there is a legal personal representative of the deceased person, the…
Section 247 — Petition for administration under this Part by person administering deceased person’s estate
(1) Subject to this section, a person administering the estate of a deceased person may present a petition for an order for the administration of the estate under this Part, accompanied by a…
Section 247A — Commencement of administration under Part
(1) Administration of the estate of a deceased person under this Part by virtue of an order made by the Court under section 244 or 247 after the commencement of this section shall be deemed to have…
Section 248 — Application of Act in relation to administrations under this Part
(1) Subject to this section, subsection 47(2), sections 49 to 51 (inclusive), subsections 52(4) and (5), section 62, sections 73 to 76 (inclusive), section 79, sections 81 to 114 (inclusive),…
Section 248A — Consolidation of proceedings
(1) Where orders have been made, whether before or after the commencement of this section, for the administration under this Part of the estates of 2 or more members of a partnership or 2 or more…
Section 249 — Vesting of property on making of order
(1) Subject to this Act, where an order is made for the administration of the estate of a deceased person under this Part: (a) the divisible property of the estate, not being after-acquired property,…
Section 249A — Charge over property owned in joint tenancy
(1) Where: (a) an amount equal to the value of improvements made to property owned by a deceased person in respect of whose estate an order is made for administration under this Part and another…
Section 250 — Effect of order under Part where deceased person was bankrupt
(1) Where an order is made for the administration of the estate of a deceased person under this Part who was, at the time of his or her death, a bankrupt: (a) property: (i) that was acquired by, or…