Document ID: chunk:federal_register_of_legislation:C2025C00167:section:205a:p1
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 205A (pt 1/4)
Character Range: 685743–688261

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 under a process of execution issued by or on behalf of a creditor; or
 (B) proceeds of the sale of property of the debtor or other moneys in his or her possession, being proceeds of the sale of property sold, whether before or after the execution of the agreement, in pursuance of any such process or moneys seized, or paid to avoid seizure or sale of property of the debtor, whether before or after the execution of the agreement, in pursuance of any such process; or
 (C) moneys in his or her possession as a result of the attachment, by or on behalf of a creditor, of a debt due to the debtor;
  is not, or are not, subject to the agreement;
  the sheriff shall deliver that property, or pay those proceeds or other moneys, as the case requires, to the debtor or to a person authorized by the debtor in writing for the purpose; or
 (b) the registrar or other appropriate officer of a court is satisfied:
 (i) that a debtor has executed a personal insolvency agreement; and
 (ii) that:
 (A) proceeds of the sale of property of the debtor or other moneys in court, being proceeds of sale or other moneys paid into court, whether before or after the execution of the agreement, by a sheriff in pursuance of a process of execution issued, by or on behalf of a creditor, against property of the debtor; or
 (B) moneys in court that have been paid into court, whether before or after the execution of the agreement, in pursuance of proceedings instituted, by or on behalf of a creditor, to attach a debt due to the debtor;
  are not subject to the agreement;
  the registrar or other officer shall pay those proceeds or other moneys, as the case requires, to the debtor or to a person authorized by the debtor in writing for the purpose.
 (5) The sheriff, registrar or other officer of a court shall not, in pursuance of subsection (4):
 (a) in the case of the sheriff—deliver property or pay the proceeds of the sale of property or other moneys; or
 (b) in the case of the registrar or other officer—pay moneys in court;
to the debtor or to a person authorized by the debtor unless:
 (c) 21 days have elapsed since the day on which the personal insolvency agreement was executed; and
 (d) the sheriff, registrar or other