Bankruptcy (Estate Charges) Amendment Act 2007

No. 43, 2007

An Act to amend the Bankruptcy (Estate Charges) Act 1997, and for related purposes

Bankruptcy (Estate Charges) Amendment Act 2007

No. 43, 2007

An Act to amend the Bankruptcy (Estate Charges) Act 1997, and for related purposes

[Assented to 10 April 2007]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Bankruptcy (Estate Charges) Amendment Act 2007.

2 Commencement

This Act commences on 1 July 2007.

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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

Bankruptcy (Estate Charges) Act 1997

1 Subsection 5(1)

After “169(1B)”, insert “or 185LD(3)”.

2 After paragraph 6(1)(aa)

Insert:

(ab) is the administrator of a debt agreement under Part IX of the Bankruptcy Act 1966; or

3 After subsection 6(1A)

Insert:

(1B) Charge is not payable by a person in the person’s capacity as administrator of a debt agreement under Part IX of the Bankruptcy Act 1966 if the person is the debtor to whom the debt agreement relates.

4 Application of amendments

The amendments made by this Schedule apply in relation to a debt agreement made as the result of the acceptance of a debt agreement proposal given to the Official Receiver on or after 1 July 2007.