Clause 59

Despite section 2(d), the definition of “secured creditor” in section 2(1) of the Bankruptcy Act as in force immediately before the date of commencement of section 2(d) continues to apply to the references to “secured creditor” in the following contexts as if section 2(d) had not been enacted:

Section 5 does not apply to anything done or omitted to be done by the Official Assignee, or by any of the Official Assignee’s officers, before the date of commencement of that section, and section 32 of the Bankruptcy Act as in force immediately before that date continues to apply to any such act or omission as if section 5 had not been enacted.

Section 6(b) and (c) does not apply to any bankruptcy application made before the date of commencement of section 6(b) and (c).

Section 11 does not apply to any trustee of a bankrupt’s estate who was appointed as trustee before the date of commencement of that section, and section 41 of the Bankruptcy Act as in force immediately before that date continues to apply to any such trustee as if section 11 had not been enacted.

Despite section 12, section 56I of the Bankruptcy Act as in force immediately before the date of commencement of section 12 continues to apply to any debt repayment plan arising from any bankruptcy application made before that date, as if section 12 had not been enacted.

Section 13(b) does not apply to any bankruptcy application made before the date of commencement of section 13(b), and paragraph (a), as in force immediately before that date, of section 61(1) of the Bankruptcy Act continues to apply to any such bankruptcy application as if section 13(b) had not been enacted.

Section 14 does not apply to any creditor’s bankruptcy application which relies on a statutory demand that is served before the date of commencement of that section.

Section 18 does not apply to a secured creditor in relation to any bankruptcy order that was made before the date of commencement of that section, and section 76(4) of the Bankruptcy Act as in force immediately before that date continues to apply to a secured creditor in relation to any such bankruptcy order as if section 18 had not been enacted.

Section 19 does not apply to the property of any bankrupt who was adjudged bankrupt pursuant to a bankruptcy application made before the date of commencement of that section, and section 78 of the Bankruptcy Act as in force immediately before that date continues to apply to the property of any such bankrupt as if section 19 had not been enacted.

Section 20 does not apply to a member of a creditor’s committee in relation to any meeting of the committee that took place before the date of commencement of that section.

Section 21 does not apply to any statement of affairs submitted in relation to a bankruptcy arising from a bankruptcy application made before the date of commencement of that section, and section 81 of the Bankruptcy Act as in force immediately before that date continues to apply to any such statement of affairs as if section 21 had not been enacted.

Section 22 does not apply to any bankrupt who was adjudged bankrupt pursuant to a bankruptcy application made before the date of commencement of that section, and section 82 of the Bankruptcy Act as in force immediately before that date continues to apply to any such bankrupt as if section 22 had not been enacted.

Section 23 does not apply to or in relation to any bankrupt who was discharged from bankruptcy before the date of commencement of that section.

Section 24 does not apply to or in relation to any bankrupt who was discharged from bankruptcy before the date of commencement of that section.

Section 25 does not apply to any bankrupt who was adjudged bankrupt pursuant to a bankruptcy application made before the date of commencement of that section.

Despite section 26, section 87 of the Bankruptcy Act as in force immediately before the date of commencement of section 26 continues to apply to any bankruptcy arising from a bankruptcy application made before that date, as if section 26 had not been enacted.

Section 27 does not apply to any bankruptcy arising from a bankruptcy application made before the date of commencement of that section.

Despite section 28, section 90 of the Bankruptcy Act as in force immediately before the date of commencement of section 28 continues to apply to either of the following as if section 28 had not been enacted:

Despite section 29, section 94 of the Bankruptcy Act as in force immediately before the date of commencement of section 29 continues to apply to any bankruptcy arising from a bankruptcy application made before that date, as if section 29 had not been enacted.

Despite section 31, section 95A of the Bankruptcy Act as in force immediately before the date of commencement of section 31 continues to apply to any composition or scheme of arrangement accepted by a special resolution at a meeting summoned by a notice under section 95(2) of the Bankruptcy Act given before that date, or by a special resolution in writing sought by a notice under section 95(3) of the Bankruptcy Act given before that date, as if section 31 had not been enacted.

Despite section 32(a), section 97(1) of the Bankruptcy Act as in force immediately before the date of commencement of section 32(a) continues to apply to any administration in bankruptcy of the estate of a deceased bankrupt arising from an application for an order for the administration in bankruptcy of that estate made before that date, as if section 32(a) had not been enacted.

Section 32(b) does not apply to —

Section 32(c) does not apply to any second or subsequent bankruptcy order made against a bankrupt arising from a bankruptcy application made before the date of commencement of that provision.

Section 34 does not apply to any interest in property that was acquired, or to any benefit from a transaction or an unfair preference that was received, by any person before the date of commencement of that section, and section 102(3) and (5) of the Bankruptcy Act as in force immediately before that date continues to apply to any such interest or benefit as if section 34 had not been enacted.

Section 35 does not apply to any bankrupt who was adjudged bankrupt pursuant to a bankruptcy application made before the date of commencement of that section.

Section 36 does not apply to any bankrupt who was adjudged bankrupt pursuant to a bankruptcy application made before the date of commencement of that section, and section 109(4) and (5) of the Bankruptcy Act as in force immediately before that date continues to apply to any such bankrupt as if section 36 had not been enacted.

Section 37 does not apply to any bankruptcy arising from, or any bankrupt who was adjudged bankrupt pursuant to, a bankruptcy application made before the date of commencement of that section.

Section 38 does not apply to any bankruptcy arising from, or any bankrupt who was adjudged bankrupt pursuant to, a bankruptcy application made before the date of commencement of that section, and section 117(5) of the Bankruptcy Act as in force immediately before that date continues to apply to any such bankruptcy or bankrupt as if section 38 had not been enacted.

Section 39 does not apply to any bankruptcy arising from, or any bankrupt who was adjudged bankrupt pursuant to, a bankruptcy application made before the date of commencement of that section.

Section 40 does not apply to any bankruptcy order arising from a bankruptcy application made before the date of commencement of that section.

Section 41 does not apply to any application under section 123A(3) of the Bankruptcy Act made before the date of commencement of section 41, and section 123A(3) of the Bankruptcy Act as in force immediately before that date continues to apply to any such application as if section 41 had not been enacted.

Section 42 does not apply to any bankruptcy arising from, or any bankrupt who was adjudged bankrupt pursuant to, a bankruptcy application made before the date of commencement of that section, and section 125(2) and (4) of the Bankruptcy Act as in force immediately before that date continues to apply to any such bankruptcy or bankrupt as if section 42 had not been enacted.

Section 43 does not apply to any bankruptcy arising from, or any bankrupt who was adjudged bankrupt pursuant to, a bankruptcy application made before the date of commencement of that section, and section 126(1) and (6) of the Bankruptcy Act as in force immediately before that date continues to apply to any such bankruptcy or bankrupt as if section 43 had not been enacted.

Section 45(a) does not apply to any action that was commenced, continued or defended, or any appeal that was lodged, by a bankrupt before the date of commencement of that provision, and section 131(1)(a) of the Bankruptcy Act as in force immediately before that date continues to apply to any such action or appeal as if section 45(a) had not been enacted.

Section 45(b) and (c) does not apply to any action that was commenced, continued or defended, or any appeal that was lodged, by a bankrupt before the date of commencement of section 45(b) and (c).

Section 51 does not apply to any conduct of a bankrupt before the date of commencement of that section, and section 141 (subsection (1) and section heading) of the Bankruptcy Act as in force immediately before that date continues to apply to any such conduct as if section 51 had not been enacted.

Section 52 does not apply to any conduct of a bankrupt before the date of commencement of that section, and section 143(1)(a) of the Bankruptcy Act as in force immediately before that date continues to apply to any such conduct as if section 52 had not been enacted.

Section 54 does not apply to any bankruptcy arising from a bankruptcy application made before the date of commencement of that section, and section 149(2) and (3) of the Bankruptcy Act as in force immediately before that date continues to apply to any such bankruptcy as if section 54 had not been enacted.

Section 55 does not apply to any summons to a person accused of an offence under the Bankruptcy Act that was issued by a court before the date of commencement of that section.

Despite section 57, the repealed section 161 of the Bankruptcy Act as in force immediately before the date of commencement of section 57 continues to apply to any request made before that date for an inspection under the repealed section, as if section 57 had not been enacted.

For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by rules, prescribe such additional provisions of a savings or transitional nature consequent on the enactment of that provision as the Minister may consider necessary or expedient.