Document ID: chunk:federal_register_of_legislation:C2005C00495:clause:1_213
Version: federal_register_of_legislation:C2005C00495
Segment Type: clause
Provision Reference: sch 1 cl 213
Character Range: 79028–81142

213  Transitional—pre‑commencement authorities

(1) For the purposes of this item, if:
 (a) an authority given by a debtor under section 188 of the Bankruptcy Act 1966 became effective before the commencement of this item; and
 (b) as at the commencement of this item, none of the following had happened:
 (i) the execution by the debtor and the trustee of a deed of assignment under Part X of the Bankruptcy Act 1966;
 (ii) the execution by the debtor and the trustee of a deed of arrangement under Part X of the Bankruptcy Act 1966;
 (iii) the acceptance of a composition by a special resolution of a meeting of the debtor's creditors under section 204 of the Bankruptcy Act 1966;
the authority is a pre‑commencement authority.

(2) Despite the repeals and amendments made by Parts 1 and 2 of this Schedule:
 (a) the Bankruptcy Act 1966 and regulations under that Act; and
 (b) the Acts amended by Part 2 of this Schedule;
continue to apply, in relation to:
 (c) a pre‑commencement authority; and
 (d) the control of the debtor's property following a pre‑commencement authority becoming effective; and
 (e) a meeting of the debtor's creditors called under a pre‑commencement authority; and
 (f) whichever of the following is applicable:
 (i) a deed of assignment executed after the commencement of this item by the debtor and the trustee under Part X of the Bankruptcy Act 1966 in accordance with a special resolution of such a meeting;
 (ii) a deed of arrangement executed after the commencement of this item by the debtor and the trustee under Part X of the Bankruptcy Act 1966 in accordance with a special resolution of such a meeting;
 (iii) a composition accepted after the commencement of this item by a special resolution of such a meeting; and
 (g) any other matter connected with, or arising out of:
 (i) a pre‑commencement authority; or
 (ii) a deed of assignment mentioned in subparagraph (f)(i); or
 (iii) a deed of arrangement mentioned in subparagraph (f)(ii); or
 (iv) a composition mentioned in subparagraph (f)(iii);
as if those repeals had not happened and those amendments had not been made.