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COMMONWEALTHAct
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s 54E

Enforcement suspended during stay period

In force
Part IVProceedings in connexion with bankruptcy
Division 2ADeclaration of intention to present debtor’s petition

54E Enforcement suspended during stay period

(1)

Where, during the stay period in relation to a declaration of intention presented by a debtor, a copy of the declaration signed by the Official Receiver who accepted it is produced to a creditor to whom the debtor owes a frozen debt, subsection (2) has effect throughout the remainder of that period.

(2)

It is not competent for the creditor:

(a)

to apply for the issue of enforcement process in respect of the debt; or

(b)

to enforce a remedy against the debtor’s person or property in respect of the debt.

(3)

Nothing in this section prevents a creditor from commencing a legal proceeding in respect of a debt, or from taking a fresh step in such a proceeding otherwise than in connection with enforcing a judgment.

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