Duties of the Official Trustee after receiving notice of presentation of creditor’s petition etc
243M Duties of the Official Trustee after receiving notice of presentation of creditor’s petition etc
Where, after the Official Trustee has been directed under subsection 243G(1) or (2) to pay an amount to the Commonwealth in relation to the liability of a person to pay a pecuniary penalty, notice in writing of the presentation of a creditor’s petition against the person is given to the Official Trustee, the Official Trustee:
shall refrain from taking action to sell property of the person in pursuance of any direction to do so contained in an order under that section; and
shall not pay any moneys in pursuance of the direction to do so contained in the first‑mentioned order;
until the petition has been dealt with by a bankruptcy court or has lapsed.
Where, after the Official Trustee has been directed under subsection 243G(1) or (2) to pay an amount to the Commonwealth in relation to the liability of a person to pay a pecuniary penalty, notice in writing of the reference to a bankruptcy court of a debtor’s petition against the person is given to the Official Trustee, the Official Trustee:
shall refrain from taking action to sell property of the person in pursuance of any direction to do so contained in an order under that section; and
shall not pay any moneys in pursuance of the direction to do so contained in the first‑mentioned order;
until a bankruptcy court has dealt with the petition.
Where a person who is liable to pay a pecuniary penalty becomes a bankrupt (whether on a creditor’s petition or otherwise), any property of the person in the possession, or under the control, of the Official Trustee in accordance with an order made under this Division shall be deemed to be in the possession, or under the control, of the Official Trustee as, or on behalf of, the trustee of the estate of the bankrupt, and not otherwise.
In this section, bankruptcy court means a court having jurisdiction in bankruptcy under the Bankruptcy Act 1966.
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