Document ID: chunk:federal_register_of_legislation:C2005C00495:clause:1_231a
Version: federal_register_of_legislation:C2005C00495
Segment Type: clause
Provision Reference: sch 1 cl 231A
Character Range: 64796–65986

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 agreement; and
 (b) all provable debts; and
 (c) interest on interest‑bearing provable debts.

 (2) The Court may make an order directing the trustee not to pay or transfer the property, or a specified part of the property, referred to in subsection (1), to the debtor if:
 (a) the Director of Public Prosecutions, or a person who is entitled to apply for an interstate confiscation order under a corresponding law, applies to the Court for an order under this subsection; and
 (b) the Court is satisfied that proceedings are pending under a proceeds of crime law; and
 (c) the Court is satisfied that property of the debtor may:
 (i) become subject to a forfeiture order or interstate forfeiture order made in the proceedings; or
 (ii) be required to satisfy a pecuniary penalty order or interstate pecuniary penalty order made in the proceedings.

 (3) The Court, on application made to it, may vary or revoke an order made under subsection (2).