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Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002
114CDirector of Public Prosecutions must notify the trustee of certain matters
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##### 114C Director of Public Prosecutions must notify the trustee of certain matters
If circumstances arise as a result of which:
(a) this Subdivision prevents Subdivision A from being applied to the proceeds of property of a bankrupt; or
(b) this Subdivision no longer prevents Subdivision A from being applied to the proceeds of property of a bankrupt;
the Director of Public Prosecutions must, as soon as practicable, give the trustee written notice of the existence of the circumstances.
16 Application—existing bankruptcies
Subdivision B of Division 2 of Part VI of the Bankruptcy Act 1966 applies, in relation to:
(a) a proceeds of crime order; or
(b) an application for a proceeds of crime order;
made after the commencement of this Schedule, to any bankruptcy, even if the date of bankruptcy is before that commencement.
17 At the end of paragraphs 153(2)(a) to (b)
Add “or”.
18 Paragraph 153(2)(c)
Omit “or” (last occurring).
19 Paragraph 153(2)(d)
Repeal the paragraph.
20 At the end of subsection 153(2)
Add:
> Note: A discharged bankrupt remains liable under any pecuniary penalty order because such liabilities are not provable in bankruptcy, see subsection 82(3A).
21 Paragraph 185J(2)(a)
After “185Q”, insert “, 185QA”.
22 Subsection 185K(2)
Omit all the words from and including “for a liability”, substitute:
for a liability under one or more of the following:
(a) a maintenance agreement;
(b) a maintenance order;
(c) a proceeds of crime law.
23 Subsection 185N(1)
After “185Q”, insert “, 185QA”.
24 After section 185Q
Insert: