Document ID: chunk:federal_register_of_legislation:F2024C01292:clause:4_76
Version: federal_register_of_legislation:F2024C01292
Segment Type: clause
Provision Reference: sch 4 cl 76
Character Range: 225468–226836

76  Paragraphs 119A(1)(a) and (b)
Repeal the paragraphs, substitute:
 (a) the sheriff must deliver or pay to the trustee:
 (i) any property of the estate in the sheriff's possession under a process of execution issued by or on behalf of a creditor; and
 (ii) any proceeds of the sale of property of the estate or other moneys in the sheriff's possession, being proceeds of the sale of property sold, whether before or after the debtor died, in pursuance of any such process or moneys seized, or paid to avoid seizure or sale of property of the debtor or estate, whether before or after the debtor died, in pursuance of any such process; and
 (iii) any moneys in the sheriff's possession as a result of the attachment, by or on behalf of a creditor, of a debt due to the estate; or
 (b) the registrar or other officer of the court must pay to the trustee:
 (i) any proceeds of the sale of property of the estate or other moneys in court, being proceeds of sale or other moneys paid into court, whether before or after the debtor died, by a sheriff in pursuance of a process of execution issued, by or on behalf of a creditor, against property of the estate; and
 (ii) any moneys in court that have been paid into court, whether before or after the debtor died, in pursuance of proceedings instituted, by or on behalf of a creditor, to attach a debt due to the estate;