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BANKRUPTCY (ESTATE CHARGES) AMENDMENT ACT 2004 NO. 81, 2004 - SCHEDULE 1

- Amendment of the Bankruptcy (Estate Charges) Act 1997 Part 1—Amendments
1 Paragraphs 5(2)(b), (c) and (d)

Repeal the paragraphs, substitute:

(b) subsection 231(5) (which applies section 169 to a personal insolvency agreement);
2 Paragraph 6(1)(c)

Repeal the paragraph, substitute:

(c) is the trustee of a personal insolvency agreement executed in relation to a debtor under Part X of the Bankruptcy Act 1966 ; or
3 Subsection 6(1A)

Omit "deed", substitute "personal insolvency agreement".

Part 2—Transitional provisions
4 Transitional

(1) In this item:

post-commencement composition means a composition that was accepted after the commencement of this item by a special resolution of a meeting of creditors under section 204 of the Bankruptcy Act 1966 as that section continues to apply because of item 213 of Schedule 1 to the Bankruptcy Legislation Amendment Act 2004 .
"post-commencement deed" means a deed of assignment or a deed of arrangement that was executed after the commencement of this item by a debtor and a trustee under Part X of the Bankruptcy Act 1966 as that Part continues to apply because of item 213 of Schedule 1 to the Bankruptcy Legislation Amendment Act 2004 .
"pre-commencement composition" has the same meaning as in item 212 of Schedule 1 to the Bankruptcy Legislation Amendment Act 2004 .
"pre-commencement deed" has the same meaning as in item 212 of Schedule 1 to the Bankruptcy Legislation Amendment Act 2004 .

(2) Despite the amendment made by item 1 of this Schedule, section 5 of the Bankruptcy (Estate Charges) Act 1997 continues to apply, in relation to an amount to which a person is entitled because the person is:

(a) the trustee of a pre-commencement deed; or
(b) the trustee of a pre-commencement composition; or
(c) the trustee of a post-commencement deed; or
(d) the trustee of a post-commencement composition;

as if that amendment had not been made.

(3) Despite the amendments made by items 2 and 3 of this Schedule, Part 3 of the Bankruptcy (Estate Charges) Act 1997 continues to apply, in relation to an amount received by a person because the person is:

(a) the trustee of a pre-commencement deed; or
(b) the trustee of a pre-commencement composition; or
(c) the trustee of a post-commencement deed; or
(d) the trustee of a post-commencement composition;

as if those amendments had not been made.




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