Section 114B — Bankruptcy Act 1966 (Cth)

(1) If:

(a) an application is made under a proceeds of crime law for a restraining order or a forfeiture order; and

(b) if the order were made, it would cover property of a bankrupt (whether the application is made before, on or after the date of the bankruptcy);

proceeds of any of the property of the bankrupt that would be covered by the order must not be applied under Subdivision A before the application is finally determined.

(2) If:

(a) an application is made under a proceeds of crime law for a pecuniary penalty order; and

(b) the person against whom the order would be made is, or later becomes, a bankrupt;

proceeds of any of the property of the bankrupt must not be applied under Subdivision A before the application is finally determined.

Related sections

• s 113 — Apprenticeship etc. claims
• s 114 — Payment of liabilities etc. incurred under terminated deed etc.
• s 114A — The effect of proceeds of crime orders
• s 114C — Director of Public Prosecutions or Commissioner of the Australian Federal Police must notify the trustee of certain matters
• s 115 — Commencement of bankruptcy
• s 116 — Property divisible among creditors

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