Commonwealth Consolidated Acts

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Debtor dying after presentation of creditor's petition

  (1)   Subject to subsection   (2), where a person against whom a creditor's petition has been presented under Part   IV dies after he or she has been served with the petition but before a sequestration order has been made on the petition or the petition has been dismissed, an order may be made on that petition for the administration of his or her estate under this Part.

  (2)   The matters of which the Court is to require proof before making such an order in a case to which subsection   (1) applies are those of which the Court would have required proof before making a sequestration order on the petition if the deceased person had not died.

  (3)   If the Court makes an order that the estate be administered under this Part, the creditor who obtained the order must, before the end of the period of 2 days beginning on the day the order was made, give a copy of the order to the Official Receiver.

Penalty:   5 penalty units.

Note:   See also section   277B (about infringement notices).

  (4)   Subsection   (3) is an offence of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .

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