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COMMONWEALTHRegulation
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s 37

Contributions by bankrupt—modes of payment

In force
Part 6Administration of property
Division 7Contributions by bankrupt

37 Contributions by bankrupt—modes of payment

(1)

This section applies in relation to a contribution that a bankrupt:

(a)

is liable to pay to the trustee of the bankrupt’s estate under subsection 139P(1) or 139Q(1) of the Act; or

(b)

wishes to pay to the trustee under subsection 139P(2) or paragraph 139Q(3)(a) of the Act.

(2)

The bankrupt may pay the contribution in one of the following ways:

(a)

by bank draft, cheque, money order or postal order payable to the trustee and delivered or posted to that office;

(b)

by deposit of the amount of the contribution in, or transfer of that amount to, the trustee’s bank account;

(c)

any other method authorised in writing by the trustee.

(3)

If the bankrupt pays the contribution by cheque, payment is taken to occur when the cheque is cleared and the amount of the payment is credited to the account into which the cheque is deposited.

(4)

The trustee may, on reasonable notice in writing to the bankrupt, vary or withdraw an authorisation under paragraph (2)(c).

(5)

If the trustee incurs a delivery or postal charge (including a surcharge) or bank charge in connection with the receipt or processing of the contribution, the trustee may reimburse the trustee for the amount of the charge from the bankrupt’s estate.

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