Commonwealth Consolidated Acts

BANKRUPTCY ACT 1966 - SECT 248

  (1)   Subject to this section, subsection   47(2), sections   49 to 51 (inclusive), subsections   52(4) and (5), section   62, sections   73 to 76 (inclusive), section   79, sections   81 to 114 (inclusive), sections   117 to 130 (inclusive), sections   132 to 139H (inclusive), Subdivisions I and J of Division   4B of Part   VI and sections   140 to 147 (inclusive) and sections   156A to 184 (inclusive) apply, with any modifications prescribed by the regulations, in relation to proceedings under this Part   and the administration of estates under this Part.

  (3)   Subject to the regulations, in the application of the provisions specified in subsection   (1) in relation to proceedings under this Part   and the administration of estates of deceased persons under this Part:

  (a)   a reference to a sequestration order shall be read as a reference to an order for administration of an estate under this Part;

  (b)   a reference to bankruptcy shall be read as a reference to administration under this Part;

  (c)   a reference to the property of the bankrupt shall be read as a reference to the divisible property of the estate as defined by subsection   249(6);

  (d)   a reference to the date of the bankruptcy or to the date on which a person became a bankrupt shall be read as a reference to the date on which the order for administration under this Part   was made;

  (da)   a reference to the commencement of the bankruptcy shall be read as a reference to the time at which administration of the estate under this Part   is, by virtue of section   247A, to be deemed to have commenced;

  (e)   a reference to a bankrupt shall be read as a reference to a deceased person in respect of whose estate an order for administration under this Part   has been made and as including a reference to the estate of that deceased person; and

  (f)   a reference to the trustee of the estate of a bankrupt shall be read as a reference to the trustee of the estate of a deceased person in respect of whose estate an order for administration under this Part   has been made.

  (4)   If, after taking into account the prescribed modifications and the provisions of subsection   (3), a provision specified in subsection   (1) is incapable of application in relation to proceedings under this Part   or the administration of estates under this Part, or is inconsistent with this Part, that provision does not so have application.