Victorian Current Acts Victorian Current Acts(1) Where before the commencement of this Act a summons has been issued under section 4, 15 or 22 of the Imprisonment of Fraudulent Debtors Act 1958 being a summons returnable after that commencement and upon the return of the summons the matters set out in section 5(2)(a) , 16(2)(a) or 22(1)(a) (as the case may be) of that Act as in force before that commencement are alleged, the court shall proceed to deal with the matter as if it had come before the court under section 6(8) of this Act and may make an instalment order under this Act.
(2) Where before the commencement of this Act a summons has been issued under section 4, 15 or 22 of the Imprisonment of Fraudulent Debtors Act 1958 and—
(a) before that commencement the judge or court has been satisfied as to the matters set out in section 5(2)(a), 16(2)(a) or 22(1)(a) (as the case may be) of that Act as in force before that commencement but the judge or court has not made an order under that Act as so in force; or
(b) the judge or court having before that commencement commenced to deal with the matter, the judge or court is after that commencement satisfied as to the matters set out in section 5(2)(a), 16(2)(a) or 22(1)(a) (as the case may be) of that Act as in force before that commencement—
the judge or court shall not make an order under that Act but may make an instalment order under this Act.
(3) An instalment order made pursuant to this section shall be deemed to be an instalment order made under section 6(8) of this Act.