Document ID: chunk:federal_register_of_legislation:C2004A04760:schedule:4:p3
Version: federal_register_of_legislation:C2004A04760
Segment Type: schedule
Provision Reference: sch 4 (pt 3/6)
Character Range: 60996–63750

under the Parliamentary Secretaries Act 1980;".

Division 11—Amendment relating to service by post

Object of Division

84. The object of this Division is to allow notices under the Principal Act to be given by post.

Insertion of new section

85. After section 92 of the Principal Act the following section is inserted:

Notices etc. may be given by post

"92A.(1) This section applies if a notice or other document is required or permitted to be given to a person under this Act (whether the expression 'give', or any other expression, is used).

  "(2) The notice or document may be given by post.".

PART 9—AMENDMENT OF THE JUDICIARY ACT 1903

Object of Part

86. The object of this Part is to abolish the rule that at least 2 Justices of the High Court must be present in court when a judgment of the Full Court is delivered.

Principal Act

  87. In this Part, "Principal Act" means the Judiciary Act 19037.

Reserved judgments

88. Section 77L of the Principal Act is amended by adding at the end of subsection (1) the following sentence:

"At that subsequent sitting, it is only necessary for a single Justice to be present in court for the purpose of delivering that judgment.".

PART 10—AMENDMENT OF THE BANKRUPTCY ACT 1966

Principal Act

  89. In this Part, "Principal Act" means the Bankruptcy Act 1966.8

Property divisible among creditors

  90. Section 116 of the Principal Act is amended:

  (a) by inserting after paragraph (2)(mb) the following paragraphs:

          "(mc) amounts paid to the bankrupt for re-establishment support under the Rural Adjustment Scheme within the meaning of the Rural Adjustment Act 1992;

          (md) amounts paid to the bankrupt by the Commonwealth as compensation in relation to the loss of:

              (i) an amount described in paragraph (k), (m), (ma), (mb) or (mc); or

              (ii) property purchased or acquired wholly or partly with such an amount;";

     (b) by omitting from paragraph (c) of the definition of "exempt money" in subsection 116(2D) "or (ma);" and substituting "(ma), (mb), (mc) or (md);";

     (c) by omitting from subsection (3) "as at the time when the bankrupt becomes a bankrupt," and substituting "at any time,".

Application

91.(1) The amendments made by section 90 apply to any bankruptcy for which the date of the bankruptcy is after the day on which this Act receives the Royal Assent.

(2) So far as the amendments made by section 90 relate to RAS payments, they also apply to any bankruptcy that resulted or results from a creditor's petition or a debtor's petition presented after 28 April 1994. For the purposes of this subsection, "RAS payments" means amounts described in paragraph (2)(k), (m), (ma), (mb), (mc) or (md) of the Principal Act as