Travel with Kevin and Ruth!: Always love to get a great deal!
Always love to get a great deal!
Went out for a 9 km (5.6 mile) walk yesterday before lunch. Took us an hour and a half, so we had a pretty decent pace going.
Not that scenic though... just went through a few neighborhoods here in Hamilton, Ontario, and then up on the escarpment that gave us some views, although the views weren't that spectacular!
Hamilton is an industrial city, with 60% of Canada's steel supply being produced here by both Stelco and Defasco.
Good workout on the stairs up the escarpment!
You can just make out the skyscrapers of Toronto across Lake Ontario.
Bright yellow house, with a pink door!
It doesn't really fit in with the neighborhood!
Nice old homes from the 1930's.
We had a good walk though, and got home hungry for lunch. After lunch, we had some shopping to do!
We don't get dressed up very often, but we have a wedding to go to on Saturday afternoon. Ruth is borrowing a dress from her sister, but I needed something to wear! I do have a suit packed away somewhere at Ruth's father's place but I would need to buy some dress shoes. And our daughter would have to bring it down with her. Instead, we figured we would stop in at the local Salvation Army and see what they had!
I had my Tilley pants with me, so didn't need any trousers. But I picked out a dress shirt and a tie. And then came across a Harris Tweed blazer, and a pair of brown leather dress shoes that fit well enough for one evening. Total bill... $26 CAD ($21 USD). At that price, if it doesn't fit in the luggage, I won't mind leaving it behind.
Gluten free bread in Canada normally costs between $6 to $8 CAD a loaf. Pretty rare to ever see it under $5, so $4 is a great deal. And, this is one of the better brands of gluten free bread.
We are here for almost three more weeks, plus our daughter Lindsey eats gluten free as well. So we snagged six loaves and put them in the cart.
Here in Canada. we have a price scanning code of practice where if the price on the shelf is lower than the scanned price, you get that item for free. In this case, all six loaves of bread went through at the higher price.
Over to the customer service counter, where the girl said that sale had ended the day before. So yes, we would get one loaf for free, and she would credit back the $2 per loaf on the other loaves. I had paid with a credit card, but she just handed me back $19.95 in cash.
It was only when we were back in the car that we did the math and figured out that she had given us too much change back. The credit should have been $6 for one loaf of bread, and $2 per loaf for the other five... so $16. She had actually given us a credit based on the five loaves of bread at $3.99.... $19.95.
So in the end, we got 6 loaves of gluten free bread for $16... or $2.67 per loaf!
Today, we're off to visit a friend in Fergus, Ontario and then into Guelph where we have a room in an AirBnb rental for two nights. Also meeting our kids and grandkids who will be arriving in the same area this evening!
Great deal on the clothes, you look great - that is why 99% of my wardrobe comes from the thrift stores. One thing to note - not all stores participate in the scanning code of practice, Thriftys/Sobeys does not. I left there store super mad one day after having that discussion with them. I rarely shop there, only if there is a smoking great deal.
Yep, the majority of our wardrobe is thrift shops too.
Apparently the scanning code of practice is volunteering, I thought it was some type of law but I guess not. We will have to keep that in mind and avoid Sobeys unless like you said they have some kind of smoking hot deal.
Did you find out anything about the Yellow house? Might have a story:) Thanks for your always entertaining posts. I look forward to your posts in my inbox everyday.
No we didn't find out anything on the yellow house. Maybe the owners just wanted their house to stand out and it certainly does. I thought it looked very bright but I sort of liked it until I saw the pink door! We love going to towns/cities where there are a bunch of bright colourful houses together.
I love the old houses in Ontario, the yellow one is a bit loud, but the style is great. Good deals on the clothong and bread!
The area where my sister lives is definitely the old part of Hamilton and most of the houses around are old and beautiful. They have so much more character than any of the newer ones being built these days. I sort of liked the yellow one, but I didn't like the pink door!
I love quirkiness so love the bright yellow house....why do people tone down everything? Nature is full of bright colors i.e. rainbow, flowers, sunset, sunrise and we all love that so why not use them to paint houses? I have a bright red door. BTW Kevin looks handsome in his salvation army duds. I too am a fan of second hand store shopper...amazing what people throw out. Also, love the photos of Toronto in the distance. I only went to Toronto once and a hot dog was $6.00....no thank you! Instead I ate my turkey sandwich I had packed that morning along with vitamin drinks. Nice to visit but wouldn't want to live there.
I agree, we liked that quirkiness about it as well, just didn't like the pink door. We love seeing nice colourful houses but we like it more if we can see a group of them together, like the Bo-Kaap neighbourhood in Cape Town, SA or in Campeche, Mexico as well as Lunenburg, Nova Scotia.
Enjoy the wedding! While in the Guelph area, if you get a chance to go hiking at Elora Gorge, it is a beautiful spot!
Thanks! We will go to Elora Gorge today!
You guys always seem to come out ahead good for you. Nice jacket Kevin. Enjoy your visits with the kids and grand kids.
We like the Salvation Army, whether traveling or not. We like Goodwill, too. I looked to see that they are also in Canada.
On one trip by RV through, my only souvenir was was a set of knives and 2 knife blocks for $3 from the Goodwill. I kept the knives I wanted, used the chef's knife to learn better how to hone a knife on the Scarry sharp system and cut my finger with it, used the knife blocks for my favorite knives and gave the rest to a friend for their camping set up.
We have to admit we use thrift shops a lot more since we started traveling than when we actually lived in a house.
Gotta love deals like that, and plus the clothes you got as well, I peck up a lots of things at the thrift store when I can.
Yep, the thrift shop worked out well for our wedding attire, or I should say Kevin's wedding clothes, all I needed was a black sweater.
My Suits are stored but I carry a Sports Suit while Kathy carries a nice Pant Suit just in case. Great Price.
We used to carry around a sports jacket for kevin and a nice dress for me but we found we rarely ever needed them so we got rid of them. You have a lot more room in your 5th wheel than we do in our motorhome. Plus we didn't have the motorhome with us and our Swoop flight charges you extra for anything bigger than just a small regular backpack so we only brought one small bag that we have both our things in for our whole three week visit.
Looking pretty sharp there Kevin!...Ruth should check all your newest incoming Emails..
After your recent travels in BC and Yukon, I'm not surprised you find the scenery a bit, well, flat.
That's for sure, but Hamilton is a steel town and the big steel plants don't make for real pretty scenery.
Kevin, if you and Ruth go back to Europe in cool weather again, that nice warm Harris tweed would really be in style on the city streets with a pair of denim jean pants and a pull over knit shirt with a collar. The university professors and preppy guys (senior class men) are wearing them all over the place.
Lots of people to visit in this area!
Finally, Sherman's repairs are complete!
This is becoming a frustrating problem.
Getting lots of use with our new bikes!
Repairs done, and back in Canada!
A short hike is better than no hike at all!
It's a good thing we like it here!
Arrived in time for happy hour!


text:
\section{Conclusion}

Our proposed distributed layer-partition training with step-wise activation functions can protect the original data against malicious attacks better.
The preliminary evaluation shows our proposed methodology successfully creates considerable difficulties for recovering raw data even if the metadata is captured and the underlying weights are compromised by adversaries.
We also observe that tradeoffs exist between accuracy and data privacy.
Based on our observation, a hospital can set the interval parameter properly to achieve the desired balance between accuracy and privacy.
As future work, we will investigate what the ideal interval values of different settings are and extend our idea to work with other tasks such as object detection and segmentation.

\section{Brief Introduction of CNN}

Convolutional Neural Network (CNN) is a representative model and used by our work to study privacy-preserving schemes.
Throughout this paper, we focus on discussing CNNs, since inputs to CNNs are often images that can be visualized and are easier to illustrate.
However, our proposed training methodology can be applied to all neural networks that have activation functions.
CNNs are typically composed of four computation operations:

\begin{itemize}
\item {\em Matrix multiplication}. In fully connected layers, the computation is the multiplication of two matrices.
\item {\em Convolution}. Convolutional layers apply some designed filters to extract features from the input matrix.
\item {\em Pooling}
In such layers, a function such as {\em max} or {\em average} is used to aggregate data.
\item {\em Non-linear activation}.
In order to model nonlinearity, the neural network introduces the activation function during the evaluation of neuron outputs.
The traditional way to evaluate a neuron output $f$ as a function $g$ of its input $z$ is with $f = g(z)$ where $g$ can be a sigmoid function or a hyperbolic tangent function.
Both of these functions are saturating non-linear.
That is, the range of either function is fixed between a minimum and maximum.
Non-saturating activation function ReLU proposed by \cite{nair2010rectified} can also be used.
\end{itemize}

Out of the four steps, the first two steps are reversible, in that, if one gets a hold of the output of a neural network layer and its model parameters, one can recreate the layer's input.
The third step is irreversible since the pooling step aggregates inputs using an operator such as average, max, and min.
For example, given an average of $n$ numbers, one cannot recreate the original $n$ numbers.
For the last step, sigmoid and hyperbolic tangent functions are one-to-one functions so both are reversible.
On the other hand, ReLU is an irreversible function, but our experiments showed that inputs to ReLU can be recovered from its outputs well.

\section{Preliminary Evaluation}

We performed experiments to verify that 1) models trained using our proposed method can reach equivalent accuracy, and 2) raw images cannot be reversed after our proposed step-wise functions were applied.
We applied our method to MobileNetV2~\cite{sandler2018mobilenetv2} on two standard image datasets: MNIST \cite{lecun1998gradient} and CIFAR-10 \cite{krizhevsky2009learning}.
We chose these two public datasets because they have a long record of serving as benchmarks in machine learning \cite{abadi2016deep}.
In all of our experiments, we utilized SGD with momentum to train the models and ran $90$ epochs by using the same initialization method and hyper-parameter settings.

To examine the effect of our method on prediction accuracy, we substituted our step-wise sigmoid functions with different interval values $n$ for the first activation function in MobileNetV2, whereas the other components remain unchanged.
Table.~\ref{table:exp_accuracy} shows that the accuracy of the model using our step-wise sigmoid increases as the value of $n$ increases.
In comparison with the accuracy of the model using the original sigmoid, the accuracy degradation of using our step-wise sigmoid with $n=21$ is negligible for MNIST.
This result provides us a setting to maintain equivalent accuracy.
On the more complicated CIFAR-10 \cite{krizhevsky2009learning} dataset, the accuracy degradation using our privacy-preserved is less competitive.
A further increase in the interval value $n$ is expected to increase its accuracy.

To evaluate the capability of preserving data privacy, we visualized the input images from the outputs of the first convolutional layer in our experimental models by using the method described in the previous section.
The results shown in Fig.~\ref{fig:experiment} demonstrate that most reversed inputs of our proposed step-wise sigmoid functions are unrecognizable.
Qualitatively, this result demonstrates that our proposed scheme to be effective in preserving data privacy.

\begin{figure}[t]
  \centering
  \includegraphics[width=0.8\linewidth]{imgs/cifar10_sub.pdf}
   \includegraphics[width=0.8\linewidth]{imgs/mnist_sub.pdf}
   \vspace{-.1in}
  \caption{
  (a) original images, (b) $\sim$ (e) reversed results of convolutional layers w/o activation function, w/ sigmoid, w/ hyperbolic tangent, w/ ReLU, (f) $\sim$ (i) reversed results of our proposed step-wise function on sigmoid with the clipping value $v=10$ and the number of intervals $n$ set to 3, 5, 11 and 21.
  }
  \label{fig:experiment}
  \vspace{-.2in}
\end{figure}

\begin{table}[tbp]
\centering
\caption{Accuracy with and without step-wise activation function. M and C stand for MINST and CIFAR-10, respectively.}
\begin{tabular}{cccccc}
\hline
\textit{} & \textbf{Sig.} & \textbf{\begin{tabular}[c]{@{}c@{}}Step.\\ n = 3\end{tabular}} & \textbf{\begin{tabular}[c]{@{}c@{}}Step.\\ n = 5\end{tabular}} & \textbf{\begin{tabular}[c]{@{}c@{}}Step.\\ n = 11\end{tabular}} & \textbf{\begin{tabular}[c]{@{}c@{}}Step.\\ n = 21\end{tabular}} \\ \hline
\textbf{M.} & 99.68\% & 10.28\% & 23.27\% & 99.57\% & 99.65\% \\
\textbf{C.} & 86.94\% & 13.74\% & 23.45\% & 49.91\% & 81.28\% \\ \hline
\end{tabular}
\label{table:exp_accuracy}
\end{table}
\section{Introduction}

Since 2012, neural networks and deep architectures have proven very effective in application areas such as computer vision~\cite{he2016deep} and disease diagnosis~\cite{chang2017artificial}.
Although deep architectures such as convolutional neural networks (CNNs)~\cite{fukushima1982neocognitron} emerged as early as the 1980s, they have not risen into the spotlight until now.
Their recent popularity is due to the rising importance of \emph{scale}, in both data volume and computation resources~\cite{chang2011foundations}.

When the data scale or data volume is small, a local computer can handle the training workload.
However, when data volume is large, even one-hundredth of AlphaGo's scale, most local computing facilities do not have sufficient computation resources to complete training tasks in a timely fashion.
Take training AlexNet \cite{krizhevsky2012imagenet} as an example.
The task of training one million images took more than one week on a typical local host.
Considering that training parameters such as learning rate and momentum must be experimented upon to find the best settings, tens of rounds of training are required.
Thus, a training task can demand weeks on a typical local host to complete.
This long latency is not feasible for many urgent applications such as national security, investment decisions, and disease outbreak prediction.
The logical solution is to upload data onto the cloud to take advantage of the distributed computing resources.
However, many institutions such as the government, hospitals, and financial institutes forbid data from leaving their local sites for privacy and security reasons.
In this work, we propose a distributed layer-partitioned training methodology that permits metadata (not the original data) to leave a local site, while at the same time preserving data privacy.
The principal idea is that the original data is {\em processed} into {\em irreversible secured metadata} before leaving a local site.
Our method permits substantial training to be run distributively on the {\em irreversible secured metadata} of remote sites, whereas the original data stays at the local secured site.

\section{Distributed Layer-Partitioned Training}

In this section, we first describe the system architecture of our distributed layer-partitioned training.
We then explain how to derive raw training data out of CNNs' first convolutional layer from its outputs.
Next, we explain how to reverse-engineer the three conventional activation functions.
Finally, we propose a step-wise activation function.

\begin{figure}[t]
  \centering
  \includegraphics[width=0.8\linewidth]{imgs/flow.pdf}
  \caption{ The high-level view of our system architecture includes: 1) a secured local host having raw data and the first convolutional layer of a CNN model and 2) a cloud server that is responsible for the rest computation. }
  \label{fig:relation}
  \vspace{-.15in}
\end{figure}

\subsection{System Architecture}

Fig.~\ref{fig:relation} illustrates the architecture of our proposed training system.
Our system keeps the design of a CNN model unchanged but partitions it into two different parts.
One is the first convolutional layer that is secured in a local machine and produces the metadata; the other is the rest of the layers that are to be trained on the metadata on distributed sites.

Based on this training architecture, we avoid exposing the raw data out of a local secured site.
However, if we simply enforce the first convolutional layer of a CNN on the local site, the potential risk of recovering the original data still remains, which we explain in the next subsection.

\subsection{ Risk of Generic Convolutional Layers }
Assume the input data has the dimension \( ( C_{ \text{in} }, H_{ \text{in} }, W_{ \text{in} } ) \), and the output result and the kernels of the first convolutional layer has the dimension \( ( C_{ \text{out} }, H_{ \text{out} }, W_{ \text{out} } ) \) and the size \( (S \times S) \), respectively.
Thus, the weights of the convolutional kernels in the first layer has the dimension \( ( C_{ \text{out} }, C_{ \text{in} }, S, S) \).
Based on our assumptions, the problem of recovering the input data of the convolutional layer from its output can be formulated as solving a system of linear equations: \( A \boldsymbol{ x } = \boldsymbol{ b } \), where \( \boldsymbol{ x } \) is the input data, \( A \) stands for the weights of the convolutional kernels in the first layer, and \( \boldsymbol{ b } \) is the output of the first layer.
In the linear equations, the number of the unknown parameters we need to solve is \(  C_{ \text{in} } \times H_{ \text{in} } \times W_{ \text{in} }  \), and the number of the equations is \(  C_{ \text{out} } \times H_{ \text{out} } \times W_{ \text{out} }  \).
Therefore, if \( C_{ \text{out} } \) is large enough, this system of linear equations has a unique solution \( x^{ * } \) that is the same as the original input data.
Please note that due to the nature of the convolutional operation, these linear equations are not dependent.

However, if the dimension of the input data is high, e.g. the images in CIFAR-10, the system of linear equations becomes too large to be solved due to the limitation of the computation power.
Thus, we divide the linear system into many small sub-systems \( \{ A_{i} \boldsymbol{x}_{i} = \boldsymbol{b}_{i} \mid  \forall i \} \), and the solutions \( \{ \boldsymbol{x}_{i}^{*} \mid \forall i \} \) is equal to \( \boldsymbol{x}^{*} \).
In some cases, this may lead to the following situation: \( \boldsymbol{x}^{*} \) is unique, but \( \{  \boldsymbol{x}_{i}^{*} \mid \forall i\} \) is not.
However, if the number of the convolutional kernels is less than or equal to \( C_{\text{out}} \), we can show that
\[
   \boldsymbol{x}^{*} \text{ is unique iff } \{ \boldsymbol{x}_{i}^{*} \mid \forall i \} \text{ is unique.}
\]
In the following, we elaborate the method dividing the original system of linear equations into sub-systems.
First, we denote the weights of the $i^{th}$ convolutional kernel as \( \boldsymbol{\omega}_{i} \) that is a tensor of weights.
After we fix a pair \( (h_{\text{out}}, w_{\text{out}})\), which corresponds to the location of the output results, we can trace back the location of the input tensor, denoted as \( (\mathcal{H}_{\text{in}}, \mathcal{W}_{\text{in}}) \).
Moreover, this corresponding space \( [\text{Images}]_{(C_{\text{in}}, \mathcal{H}_{\text{in}}, \mathcal{W}_{\text{in}} )} \) is equal to the size of \( \boldsymbol{\omega}_{i} \), for \(i = 1, \ldots, C_{\text{out}}\).
Therefore, we can state the linear system as
\[
\begin{split}
  \sum \boldsymbol{\omega}_{1} \odot [\text{Image}]_{(C_{\text{in}}, \mathcal{H}_{\text{in}}, \mathcal{W}_{\text{in}} )} &= [\text{Output}]_{(1, h_{\text{out}}, w_{\text{out}} )} \\
  \vdots & \\
  \sum \boldsymbol{\omega}_{C_{\text{out}}} \odot [\text{Image}]_{(C_{\text{in}}, \mathcal{H}_{\text{in}}, \mathcal{W}_{\text{in}} )} &= [\text{Output}]_{(C_{\text{out}}, h_{\text{out}}, w_{\text{out}} )}, \\
\end{split}
\]
where \( \odot \) is the element-wised products.
It is clear that we have the unique solution \( [\text{Image}]_{(C_{\text{in}}, \mathcal{H}_{\text{in}}, \mathcal{W}_{\text{in}} )}^{*} \) if and only if \( C_{\text{out}} \times \mathcal{H}_{\text{out}} \times \mathcal{W}_{\text{out}} \) is larger than \( C_{\text{in}} \times \mathcal{H}_{\text{in}} \times \mathcal{W}_{\text{in}} \).
Based on the above-mentioned method, there exists an effective way to derive the original input data from the outputs of generic convolutional layers.
Consequently, if the metadata is caught and the local convoluational layer is compromised, the original data is vulnerable to be leaked.

\subsection{Risk of Conventional Activation Functions}
In this subsection, we explain the approach to derive the inputs of three conventional activation functions from their outputs, revealing the potential privacy problem.
Basically, if we can infer the inverse functions of these three activation functions, the input data can be obtained easily.

The sigmoid function is one of the widely used activation functions.
Because sigmoid is a bijective function, its unique inverse function exists, namely
\[ z = \text{sigmoid}^{-1}(y) = -\ln{ ( \frac{ 1 }{ y } - 1 ) }. \]

Similarly, the hyperbolic tangent function is also bijective, and its inverse function is defined as follows:
\[ \text{ tanh }^{-1}(z) = \frac{ \ln{(1+z)} - \ln{(1-z)}}{ 2 }. \]

Unlike the prior two activation functions, ReLU is the only surjective function, which is $ \text{ReLU}(z) = max(0,z)$.
Thus, we could reverse the result of ReLU only if the output is positive and use the following method to reconstruct the input information.
First, we pick those equations with positive values.
Second, if the number of linear equations is still insufficient to solve the inputs, we meet the requirement of the equation number by including some of the zero-valued equations.
Lastly, we can solve the system of linear equations as if ReLU is an identity.

\subsection{Step-Wise Activation Function}

To make the information irreversible, we modify the conventional activation functions to be step-wise.
We perform quantization on the original functions.
Fig.~\ref{fig:f} shows one step-wise version of sigmoid function.
Formally, we divide the input domain into intervals and make the output step-wise.
Given the number of intervals $n$, the clipping value $v$ and an activation function $g$, the step-wise version of $g$ is
\[ g^{\text{step}}(x) = g( \text{sign}(x) \cdot \lfloor\frac{\min (|x|, v)}{v/n}\rfloor \cdot \frac{v}{n}), \]
where $\text{sign}(\cdot)$ is a function that returns $1$ if its input is non-negative, and $-1$ otherwise.

\begin{figure}
  \centering
  \includegraphics[width=\linewidth]{imgs/cust_sig.png}
  \caption{A step-wise activation example.}
  \label{fig:f}
\end{figure}

\section{Related Work}

While deep learning is flourishing in many domains, its privacy concerns have attracted much recent attention.
Several pieces of research have shown that training data can be recovered with the access to trained models, which runs the risk of inadvertently revealing sensitive information.
For example, \cite{fredrikson2015model} exploited a model inversion attack to retrieve recognizable images from a facial-recognition model.

Some previous works have attempted to address deep learning privacy concerns.
\cite{abadi2016deep} adopted differential privacy in the deep learning training process.
Specifically, they added noises to gradients when applying stochastic gradient descent (SGD).
\cite{shokri2015privacy} devised distributed selective SGD, thereby enabling each client to train its model locally and to exchange model parameters selectively with the global one in the cloud server.

Although these approaches can introduce certain difficulties in precisely recovering training samples, they are still vulnerable to some attacks such as generative adversarial network-based attacks \cite{hitaj2017deep}.
In contrast, deep learning models trained using our proposed training methodology avoid such attacks since the trained models are separated into two distinct parts.
Some works such as \cite{li2017multi} applied cryptographic techniques to address the privacy issues of deep learning in cloud computing, which is another alternative but often forces learning over encrypted domains.

redpajama_set_name: RedPajamaArXiv


text:
Bankruptcy Legislation Amendment Bill 2002
a Bill for an Act to amend the Bankruptcy Act 1966, and for related purposes
Attorney-General portfolio
Reps Bill Code
legislation/bills/r1525_act/0001
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Bill home page
Previous Fragment
Bankruptcy Legislation Amendment Act 2002
1 Short title
No. 131, 2002
An Act to amend the Bankruptcy Act 1966 , and for related purposes
1............ Short title............................................................................................ 1
2............ Commencement.................................................................................. 2
3............ Schedule(s).......................................................................................... 2
Schedule 1—Amendments 3
Part 1—Amendments 3
Bankruptcy Act 1966 3
Part 2—Transitional provisions 44
[ Assented to 18 December 2002 ]
The Parliament of Australia enacts:
This Act may be cited as the Bankruptcy Legislation Amendment Act 2002.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Provision(s)
Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table
The day on which this Act receives the Royal Assent
2. Schedule 1
A single day to be fixed by Proclamation, subject to subsection (3)
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.
(3) If a provision covered by item 2 of the table does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1 — Amendments
Part 1 — Amendments
Bankruptcy Act 1966
1 Subsection 5(1)
Insert:
administrator , in relation to a debt agreement, means the person:
(a) authorised by the agreement to deal with property under the agreement; or
(b) appointed by the Inspector-General under section 185ZB; or
(c) appointed by an Official Receiver under section 185ZC.
authorised employee means an APS employee whose duties include either or both of the following:
(a) supporting the Inspector-General in the performance of his or her functions, or in the exercise of his or her powers, under this Act;
(b) supporting the Official Receivers in the performance of their functions, or in the exercise of their powers, under this Act.
3 Subsection 5(1) (definition of debtor's petition )
Omit "section 56", substitute "section 56A".
offence against this Act includes an offence against section 137.1 or 137.2 of the Criminal Code , being an offence that relates to this Act.
5 Subsection 11(4)
Omit "an officer of the Department", substitute "an authorised employee".
6 Paragraph 12(1)(b)
After "conduct of a trustee", insert "(including a controlling trustee)".
7 After paragraph 12(1)(ba)
(bb) may make such inquiries and investigations as the Inspector-General thinks fit with respect to any conduct of an administrator that relates to a debt agreement; and
9 Section 16
Omit "Secretary to the Department", substitute "Minister".
10 Subsections 17(1) to (6)
Repeal the subsections, substitute:
(1) The Minister may appoint a person to act as Inspector-General:
(a) during a vacancy in the office of Inspector-General; or
(b) during any period, or during all periods, when the Inspector-General is absent from duty or from Australia or is, for any other reason, unable to perform the functions of his or her office.
(2) The Inspector-General may appoint a person to act as Official Receiver:
(a) during a vacancy in the office of Official Receiver; or
(b) during any period, or during all periods, when the Official Receiver is absent from duty or from Australia or is, for any other reason, unable to perform the functions of his or her office.
11 Subsection 17(7)
Omit "subsection (1)", substitute "this section".
12 Paragraph 19(1)(i)
After "referring to", insert "the Inspector-General or to".
13 Subsection 19AA(1)
Omit "A registered trustee who is the trustee", substitute "The trustee".
Repeal the subsection.
15 After section 33
33A Alteration of filing date for statement of affairs
(1) This section applies to a statement of affairs that was filed for the purposes of section 54, 55, 56B, 56F or 57 by a bankrupt, or by a person who later became a bankrupt.
(2) If the Court is satisfied that the person believed, on reasonable grounds, that the statement had already been filed at a time before it was actually filed, the Court may order that the statement is to be treated as having been filed at a time before it was actually filed.
(3) The Court cannot make an order that would result in the person being discharged from bankruptcy earlier than 30 days after the order is made.
(4) In this section:
filed includes presented, lodged or given.
16 After paragraph 40(1)(d)
(daa) if the debtor presents a debtor's petition under this Act;
17 Paragraph 40(1)(ha)
Omit "Official Trustee", substitute "Official Receiver".
18 Paragraph 40(1)(hb)
Repeal the subsection, substitute:
(1) An Official Receiver may issue a bankruptcy notice on the application of a creditor who has obtained against a debtor:
(a) a final judgment or final order that:
(i) is of the kind described in paragraph 40(1)(g); and
(ii) is for an amount of at least $2,000; or
(b) 2 or more final judgments or final orders that:
(i) are of the kind described in paragraph 40(1)(g); and
(ii) taken together are for an amount of at least $2,000.
20 Paragraph 41(3)(b)
Omit "its issue, execution of the judgment", substitute "the issue of the bankruptcy notice, execution of a judgment".
21 Paragraph 41(6A)(a)
Omit "the judgment", substitute "a judgment".
22 Paragraph 41(6C)(a)
23 Paragraph 43(2)(a)
Omit "or in accordance with Division 3 of Part VII".
After "bankruptcy notice is issued", insert ", or a creditor's petition is presented,".
Omit "in the office of", substitute "with".
Omit "make copies of", substitute "obtain a copy of".
27 At the end of section 54
(5) A bankrupt against whom a sequestration order has been made may, without fee and either personally or by an agent:
(a) inspect the bankrupt's statement of affairs; or
(b) obtain a copy of, or take extracts from, the bankrupt's statement of affairs.
(6) If the approved form for a statement of affairs indicates that particular information in the statement will not be made available to the public, then the Official Receiver must ensure that the information is not made available under this section to any person (other than the bankrupt or an agent of the bankrupt).
(7) The Official Receiver may refuse to allow a person access under this section to particular information in a bankrupt's statement of affairs on the ground that access to that information would jeopardise, or be likely to jeopardise, the safety of any person.
28 After subsection 55(2)
(2A) The Official Receiver must reject a debtor's petition unless, at the time when the petition is presented, the debtor:
(a) was personally present or ordinarily resident in Australia; or
(b) had a dwelling-house or place of business in Australia; or
(c) was carrying on business in Australia, either personally or by means of an agent or manager; or
(d) was a member of a firm or partnership carrying on business in Australia by means of a partner or partners or of an agent or manager.
(3AA) The Official Receiver may reject a debtor's petition (the current petition ) if:
(a) it appears from the information in the statement of affairs (and any additional information supplied by the debtor) that, if the debtor did not become a bankrupt, the debtor would be likely (either immediately or within a reasonable time) to be able to pay all the debts specified in the statement of affairs; and
(b) at least one of the following applies:
(i) it appears from the information in the statement of affairs (and any additional information supplied by the debtor) that the debtor is unwilling to pay one or more debts to a particular creditor or creditors, or is unwilling to pay creditors in general;
(ii) before the current petition was presented, the debtor previously became a bankrupt on a debtor's petition at least 3 times, or at least once in the period of 5 years before presentation of the current petition.
(3AB) The Official Receiver is not required to consider in each case whether there is a discretion to reject under subsection (3AA).
(3AC) The debtor may apply to the Administrative Appeals Tribunal for the review of a decision by the Official Receiver to reject a petition under subsection (3AA).
(10) A bankrupt who has become a bankrupt by force of this section may, without fee and either personally or by an agent:
(a) inspect the bankrupt's statement of affairs; and
(b) obtain a copy of, or make extracts from, the bankrupt's statement of affairs.
(11) If the approved form for a statement of affairs indicates that particular information in the statement will not be made available to the public, then the Official Receiver must ensure that the information is not made available under this section to any person other than the bankrupt (or an agent of the bankrupt).
(12) The Official Receiver may refuse to allow a person access under this section to particular information in a bankrupt's statement of affairs on the ground that access to that information would jeopardise, or be likely to jeopardise, the safety of any person.
34 Paragraph 56E(3)(a)
35 Subsection 56F(3)
Omit "if the trustee is a registered trustee".
36 Subsection 56G(1)
Omit "copy", substitute "obtain a copy of".
Omit "copying", substitute "obtaining a copy of".
38 After paragraph 56G(2)(a)
(aa) the person is a member of the partnership who became a bankrupt as a result of the petition; or
39 Paragraph 56G(2)(b)
After "paragraph (a)", insert "or (aa)".
40 At the end of section 56G
(3) A person who has become a bankrupt by force of section 56E may, without fee and either personally or by an agent:
(a) inspect any statement of affairs that accompanied the petition; and
(b) obtain a copy of, or make extracts from, any statement of affairs that accompanied the petition.
(4) If the approved form for a statement of affairs indicates that particular information in the statement will not be made available to the public, then the Official Receiver must ensure that the information is not made available under this section to any person (other than a member of the partnership who became a bankrupt as a result of the petition or an agent of such a member).
(5) The Official Receiver may refuse to allow a person access under this section to particular information in a statement of affairs on the ground that access to that information would jeopardise, or be likely to jeopardise, the safety of any person.
(2A) The Official Receiver must reject a debtor's petition unless, at the time when the petition is presented, each petitioning debtor:
(3AA) The Official Receiver may reject a debtor's petition (the current petition ) if the following conditions are satisfied for at least one of the petitioning debtors:
(a) it appears from the information in the statement of affairs (and any additional information supplied by the debtor) that, if the debtor did not become a bankrupt, the debtor would be likely (either immediately or within a reasonable time) to be able to pay all the debts specified in the debtor's statement of affairs;
(3AC) An application may be made to the Administrative Appeals Tribunal for the review of a decision by the Official Receiver to reject a petition under subsection (3AA).
43 Paragraph 57(10)(a)
44 Subsection 57(11)
(13) If the approved form for a statement of affairs indicates that particular information in the statement will not be made available to the public, then the Official Receiver must ensure that the information is not made available under this section to any person (other than a petitioning debtor or an agent of a petitioning debtor).
(14) The Official Receiver may refuse to allow a person access under this section to particular information in a statement of affairs on the ground that access to that information would jeopardise, or be likely to jeopardise, the safety of any person.
(3) When convening a meeting, the trustee must consider whether the proposed time and place is convenient for the creditors.
47 At the end of subsection 64M(1)
Note: Under subsection 64ZB(3), a proxy or attorney may be allowed to vote even though the appointing instrument is lodged after the announcement.
48 Subsection 64N(2)
(2) A quorum is constituted by:
(a) the presence in person of the trustee (or the trustee's representative); and
(b) a creditor, or a proxy or attorney of a creditor, participating in person or by telephone.
Note: A meeting requires at least 2 persons. Therefore the person covered by paragraph (2)(a) cannot also be the proxy or attorney of the creditor covered by paragraph (2)(b).
49 After subsection 64U(5)
(5A) The statement under subsection (3) must also include:
(a) an estimate of the total amount of the trustee's remuneration; and
(b) an explanation of the likely impact of that remuneration on the dividends (if any) to creditors.
50 Paragraph 64Z(5)(d)
51 Subsection 64Z(9)
Omit "holds a security in respect of that debt", substitute "is a secured creditor".
52 Subsection 64ZA(5)
Omit "holds a security in respect of a debt", substitute "is a secured creditor".
53 Subsection 64ZB(3)
(3) A person claiming to be the proxy of a creditor is not entitled to vote as proxy unless the instrument of appointment has been lodged with the President (or with the trustee, before the President was elected), either before or after the announcement is made under section 64M about the appointment of proxies and attorneys.
(3A) If an instrument of appointment of a proxy is lodged with the President in substitution for another instrument with an earlier date, then the later instrument commences to have effect (from the time it is lodged with the President) in substitution for the earlier instrument.
54 After section 64ZB
64ZBA Creditors' resolution without meeting
(1) The trustee may at any time put a proposal to the creditors by giving a notice under this section.
(2) The notice must:
(a) contain a single proposal; and
(b) include a statement of the reasons for the proposal and the likely impact it will have on creditors (if it is passed); and
(c) be given to each creditor who would be entitled under section 64A to receive notice of a meeting of creditors; and
(d) invite the creditor to either:
(i) vote Yes or No on the proposal; or
(ii) object to the proposal being resolved without a meeting of creditors; and
(e) specify a time by which replies must be received by the trustee (in order to be taken into account).
(3) If, within the time specified in the notice:
(a) at least 1 creditor votes in writing; and
(b) no other creditor objects in writing to the proposal being resolved without a meeting of creditors;
then the following provisions have effect:
(c) if the proposal requires a special resolution and there is a Yes vote by a majority in number, and at least 75% in value, of those who voted within the required time—the proposal is taken to have been passed by a special resolution of creditors at a meeting;
(d) if the proposal does not require a special resolution and there is a Yes vote by a majority in value of those who voted within the required time—the proposal is taken to have been passed by a resolution of creditors at a meeting;
(e) in any other case—the proposal is taken not to have been passed.
(4) A certificate signed by the trustee stating any matter relating to a proposal under this section is prima facie evidence of the matter.
55 After subsection 73(2A)
(2B) The trustee may refuse to call the meeting if the proposal does not make adequate provision for payment to the trustee of accrued fees that:
(a) are owing to the trustee (at the time the proposal is lodged) in respect of the administration of the bankrupt's estate, but are not able to be taken out of the bankrupt's estate; and
(b) have been approved by the creditors before the proposal is considered.
56 At the end of subsection 73(3)
Add ", but not in a way that reduces any provision for payment to the trustee of fees referred to in subsection (2B)".
73A Trustee may require surety for cost of meeting
(1) Before calling a meeting under section 73, the trustee may require the bankrupt to lodge with the trustee an amount that is sufficient to cover:
(a) the estimated costs that will be incurred by the trustee in arranging and holding the meeting; and
(b) the estimated fee that will (if approved by the creditors) be payable to the trustee in respect of the meeting.
(2) If the amount lodged by the bankrupt is more than the actual costs and fee, then the trustee must refund the excess to the bankrupt.
74A Variation of composition or scheme of arrangement
(1) This section applies to a composition or scheme of arrangement that has been accepted in accordance with this Division.
Variation by special resolution of creditors
(2) The creditors, with the written consent of the debtor, may vary the composition or scheme by special resolution at a meeting called for the purpose.
Variation proposal by trustee
(3) The trustee may, in writing, propose a variation of the composition or scheme. The trustee cannot propose a variation without the written consent of the debtor.
(4) The trustee must give notice of the proposed variation to all the creditors who would be entitled under section 64A (as that section applies in accordance with section 76A) to receive notice of a meeting of creditors.
(a) include a statement of the reasons for the variation and the likely impact it will have on creditors (if it takes effect); and
(b) specify a proposed date of effect for the variation (at least 14 days after the notice is given); and
(c) state that any creditor may, by written notice to the trustee at least 2 days before the specified date, object to the variation taking effect without there being a meeting of creditors.
(6) If no creditor lodges a written notice of objection with the trustee at least 2 days before the specified date, then the proposed variation takes effect on the date specified in the notice.
(7) A certificate signed by the trustee stating any matter relating to a proposed variation under this section is prima facie evidence of the matter.
59 At the end of subparagraph 77(a)(ii)
Add "and".
60 At the end of paragraph 77(b)
61 At the end of paragraph 77(ba)
62 After paragraph 77(ba)
(bb) as soon as practicable after becoming a bankrupt, advise the trustee of any material change that occurred between the time the bankrupt lodged his or her statement of affairs and the time the bankrupt became a bankrupt; and
(bc) if a material change occurred later, advise the trustee of that change as soon as practicable after the change occurs; and
material change means a change in the particulars contained in the bankrupt's statement of affairs, where the change could reasonably be expected to be relevant to the administration of the bankrupt's estate.
64 At the end of paragraph 77(c)
65 At the end of paragraph 77(d)
66 At the end of paragraph 77(e)
67 Subsection 77A(1)
Omit "person (in this section called the investigator )", substitute "trustee".
Note: The heading to section 77A is altered by omitting " or Official Receiver ".
Omit "investigator" (wherever occurring), substitute "a trustee".
69 Paragraph 77A(2)(e)
Omit "investigator's", substitute "trustee's".
Omit "investigator" (wherever occurring), substitute "trustee".
71 Section 77B
Repeal the section.
Omit ", or in any other particulars that the bankrupt was required to set out in the bankrupt's statement of affairs under subparagraph 6A(2)(b)(i)", substitute "or in the address of the bankrupt's principal place of residence".
Add "not later than 28 days after the day on which the person is notified of the estimate".
74 Section 99
75 Section 103
Repeal the section, substitute:
103 Debts to be rounded down to nearest dollar
If the amount of a debt includes cents, the cents must be disregarded in admitting proof of the debt.
76 Subsection 104(1)
(1) A creditor, or the bankrupt, may apply to the Court for review of a decision of the trustee under subsection 102(1), (3) or (4) in respect of a proof of debt.
77 After subsection 109(1A)
(1B) The reference in paragraph (1)(e) to amounts due in respect of an employee of the bankrupt includes a reference to amounts due as contributions to a fund for the purposes of making provision for, or obtaining, superannuation benefits for the employee, or for dependants of the employee.
78 Subsection 109(7B)
(1) If a person becomes a bankrupt on a creditor's petition and subsection (1A) does not apply, then the bankruptcy is taken to have relation back to, and to have commenced at, the time of the commission of the earliest act of bankruptcy committed by the person within the period of 6 months immediately before the date on which the creditor's petition was presented.
(1A) If:
(a) a person becomes a bankrupt on a creditor's petition that was based on breach of a bankruptcy notice; and
(b) the time for compliance with the notice was extended under subsection 41(7); and
(c) the Court making the sequestration order considers that the application under subsection 41(7) was frivolous, vexatious or otherwise without substantial merit;
then the bankruptcy is taken to have relation back to, and to have commenced at, the time that would have applied under subsection (1) of this section if the time for compliance had not been extended.
(1B) If a person becomes a bankrupt because of a sequestration order made under Division 6 of Part IV or under Part X, then the bankruptcy is taken to have relation back to, and to have commenced at, the time of the commission of the earliest act of bankruptcy committed by the person within the period of 6 months immediately before the date on which the application for the sequestration order was made.
80 After paragraph 116(2)(b)
(ba) personal property of the bankrupt that:
(i) has sentimental value for the bankrupt; and
(ii) is of a kind prescribed by the regulations; and
(iii) is identified by a special resolution passed by the creditors before the trustee realises the property;
81 After section 129
129AA Time limit for realising property
(1) This section applies only to:
(a) property (other than cash) that was disclosed in the bankrupt's statement of affairs; and
(b) after-acquired property (other than cash) that the bankrupt discloses in writing to the trustee within 14 days after the bankrupt becomes aware that the property devolved on, or was acquired by, the bankrupt.
In this subsection, cash includes amounts standing to the credit of a bank account or similar account.
(2) If any such property is still vested in the trustee immediately before the revesting time, then it becomes vested in the bankrupt at the revesting time by force of this section.
(3) Initially, the revesting time for property is:
(a) for property disclosed in the statement of affairs—the beginning of the day that is the sixth anniversary of the day on which the bankrupt is discharged from the bankruptcy; and
(b) for after-acquired property that is disclosed before the bankrupt is discharged from the bankruptcy—the beginning of the day that is the sixth anniversary of the day on which the bankrupt is discharged; and
(c) for after-acquired property that is disclosed after the bankrupt is discharged from the bankruptcy—the beginning of the day that is the sixth anniversary of the day on which the bankrupt disclosed the property to the trustee.
(4) If the trustee, before the current revesting time, gives the bankrupt a written notice (an extension notice ) stating that a later revesting time applies to particular property, then that later time becomes the revesting time for that property.
(5) There is no limit on the number of extension notices that the trustee may give (either generally or in relation to particular property).
(6) The time specified in an extension notice must be either:
(a) a specified time that is not more than 3 years after the current revesting time; or
(b) a time that is reckoned by reference to a specified event (for example, the death of a life tenant), but is not more than 3 years after the happening of that event.
(7) Any property that becomes vested in the bankrupt under this section thereupon ceases to be subject to section 127.
82 After paragraph 134(1)(a)
(aa) accept, without terms or conditions, or subject to terms and conditions, a sum of money payable at a future time as the consideration or part of the consideration for the sale of any property of the bankrupt;
(ab) lease any property of the bankrupt;
(ac) divide among the creditors, in its existing form and according to its estimated value, property that, by reason of its peculiar nature or other special circumstances, cannot readily or advantageously be sold;
83 After paragraph 134(1)(i)
(ia) refer any dispute to arbitration;
84 After paragraph 134(1)(m)
(ma) make such allowance out of the estate as he or she thinks just to the bankrupt, the spouse of the bankrupt or the family of the bankrupt;
86 Section 139K (definition of dependant )
Repeal the definition, substitute:
dependant , in relation to a bankrupt in relation to a contribution assessment period, means a person who satisfies all the following conditions:
(a) the person resides with the bankrupt;
(b) the person is wholly or partly dependent on the bankrupt for economic support;
(c) the income derived (or likely to be derived) by the person during the contribution assessment period is not more than the amount prescribed by the regulations for the purposes of this paragraph.
For the purposes of this definition, income has its ordinary meaning.
87 Section 139K
income tax includes Medicare levy.
88 Section 139L (subparagraph (b)(ii) of the definition of income )
Repeal the subparagraph.
89 Subparagraph 139N(a)(i)
After "income tax", insert "(but not including any amount that is in respect of a provable debt)".
90 At the end of section 139N
(2) A refund is not taken into account under paragraph (1)(b) if it relates to a year of income that ended before the date of the bankruptcy.
(3) If a refund relates to a year of income that commenced before, but ended after, the date of the bankruptcy, then it is taken into account under paragraph (1)(b) only to the extent that the refund is attributable to the part of the year of income after the date of bankruptcy. For this purpose, the refund is apportioned on a time basis.
91 Section 139T
139T Determination of higher income threshold in cases of hardship
(1) If:
(a) the trustee has made an assessment of a contribution that a bankrupt is liable to pay to the trustee for a contribution assessment period; and
(b) the bankrupt considers that, if required to pay that contribution, he or she will suffer hardship for a reason or reasons set out in subsection (2);
the bankrupt may apply in writing to the trustee for the making of a determination under this section for that period.
(2) The reasons are as follows:
(a) the bankrupt or a dependant of the bankrupt suffers from an illness or disability that requires on-going medical attention and the supply of medicines, and the bankrupt is required to meet a substantial proportion of the costs of that medical attention or those medicines from his or her income;
(b) the bankrupt is required to make payments from his or her income to meet the cost of child day-care to enable the bankrupt to continue in employment or other work;
(c) the bankrupt is living in rented accommodation that is not provided by:
(i) the Commonwealth, a State or a Territory; or
(ii) an authority of the Commonwealth, a State or a Territory; or
(iii) a local government authority;
and the bankrupt is required to pay the cost of that accommodation wholly or mainly from his or her income;
(d) the bankrupt incurs substantial expense in travelling to and from the bankrupt's place of employment or other work, whether by public transport or otherwise;
(e) the spouse of the bankrupt, or another person residing with the bankrupt, who ordinarily contributes to the costs of maintaining the bankrupt's household has become unable to contribute to those costs because of unemployment, illness or injury;
(f) any other reason prescribed by the regulations.
(3) The trustee must not make a determination under this section unless the bankrupt provides satisfactory evidence of the bankrupt's income and expenses, and any other matters on which the bankrupt relies to establish the reasons for the application.
(4) The trustee must decide the application as soon as practicable, and in any event not later than 30 days, after the day on which the application is received.
(5) If the trustee does not make a decision on the application within that period of 30 days, the trustee is taken to have made a decision at the end of that period refusing the application.
(6) If the trustee is satisfied that the bankrupt will suffer hardship if required to pay the contribution, the trustee may determine that, for the purposes of the application of section 139S in relation to the bankrupt in respect of the contribution assessment period, the actual income threshold amount that was applicable in relation to the bankrupt when the assessment was made is taken to have been increased to such amount as the trustee determines.
(7) If the trustee is not satisfied that the bankrupt will suffer hardship if required to pay the contribution, the trustee must refuse the application.
(8) If the trustee makes a determination under subsection (6), the trustee must make such assessment under section 139W as is necessary to give effect to the determination.
(9) The trustee must give written notice to the bankrupt:
(a) setting out the trustee's decision on the application; and
(b) referring to the evidence or other material on which the decision was based; and
(c) giving the reasons for the decision.
(10) The notice must include a statement to the effect that the bankrupt may request the Inspector-General to review the decision.
(11) A contravention of subsection (10) in relation to a decision does not affect the validity of the decision.
(12) The trustee's decision under this section is reviewable under Subdivision G in the same way as an assessment made by the trustee.
92 After subparagraph 139U(1)(a)(i)
(ia) setting out particulars of all the income that was derived by each dependant of the bankrupt during that contribution assessment period; and
93 At the end of paragraph 139U(1)(a)
(iii) indicating what income (if any) the bankrupt expects each dependant of the bankrupt to derive during the next contribution assessment period; and
94 Subsection 139U(2)
Omit "subparagraph (1)(a)(i)", substitute "subparagraphs (1)(a)(i) and (ia)".
95 At the end of subsection 139W(4)
Add "and informing the bankrupt about the possibility of a variation under section 139T".
96 After section 139W
139WA No time limit on making assessment
(1) An assessment under section 139W (including a fresh assessment referred to in subsection 139W(2)) for a contribution assessment period may be made at any time, including:
(a) a time after the end of the contribution assessment period; or
(b) a time after the bankrupt is discharged.
(2) For the purpose of applying subsection (1), a reference in this Division to a bankrupt includes a reference to a former bankrupt.
97 At the end of paragraph 139ZA(3)(a)
Add "not later than 60 days after the day on which the bankrupt is notified of the trustee's assessment".
98 Subsection 139ZE(1)
Omit ", and, if the trustee is a registered trustee,", substitute "and".
99 Section 139ZF
139ZF Review of assessment decisions
An application may be made to the Administrative Appeals Tribunal for the review of:
(a) a decision of the Inspector-General on the review of a decision by a trustee to make an assessment; or
(b) a decision by the Inspector-General refusing a request to review a decision by a trustee to make an assessment.
100 Paragraph 139ZG(2)(c)
Omit "or of the decision of the trustee".
101 Division 4C of Part VI
Repeal the Division.
102 Subsection 145(3)
Omit "in the prescribed manner", substitute "in the manner prescribed by the regulations".
Omit "unless sooner discharged in accordance with Division 3,".
104 Subparagraph 149A(2)(a)(i)
Omit "paragraph 149D(1)(a), (b), (c), (d), (e), (f), (g) or (h)", substitute "paragraph 149D(1)(ab), (d), (da), (e), (f), (g), (h), (ha), (k) or (ma)".
105 Subparagraph 149A(2)(b)(ii)
Omit "date from which", substitute "date on which".
106 Subparagraphs 149A(3)(b)(ii) and (iii)
Repeal the subparagraphs, substitute:
(ii) no other objection against the discharge of the bankrupt is in effect;
107 Subsection 149B(1)
Omit ", or the Official Receiver may file such a notice on the Official Receiver's own initiative".
108 Subsection 149C(1)
Omit "or Official Receiver" (wherever occurring).
109 After subsection 149C(1)
(1A) Paragraph (1)(c) does not apply to a ground specified in paragraph 149D(1)(ab), (d), (da), (e), (f), (g), (h), (ha), (k) or (ma).
110 After paragraph 149D(1)(a)
(aa) any transfer is void against the trustee in the bankruptcy because of section 120 or 122;
(ab) any transfer is void against the trustee in the bankruptcy because of section 121;
111 After paragraph 149D(1)(d)
(da) after the date of the bankruptcy, the bankrupt intentionally provided false or misleading information to the trustee;
112 After paragraph 149D(1)(h)
(ha) the bankrupt intentionally failed to disclose to the trustee a liability of the bankrupt that existed at the date of the bankruptcy;
113 Paragraph 149D(1)(j)
Before "subsection 80(1)", insert "paragraph 77(1)(bb) or (bc) or".
114 After paragraph 149D(1)(m)
(ma) the bankrupt intentionally failed to disclose to the trustee the bankrupt's beneficial interest in any property;
115 Subsection 149F(1)
(1) As soon as practicable after a notice of objection is filed by the trustee, the trustee must give a copy of the notice to the bankrupt together with a notice to the effect that the bankrupt may request the Inspector-General to review the decision of the trustee to file the notice of objection.
116 Subsection 149H(2)
Note: The heading to section 149H is altered by omitting " or Official Receiver ".
Omit "or (2)".
118 Subsection 149J(2)
120 Subsection 149K(1)
Omit "or Official Receiver".
121 At the end of paragraph 149K(3)(a)
Add "not later than 60 days after the day on which the bankrupt is notified of the trustee's objection".
122 Paragraph 149M(1)(b)
123 After subsection 149N(1)
(1A) An objection must not be cancelled under subsection (1) if:
(a) the objection specifies at least one special ground; and
(b) there is sufficient evidence to support the existence of at least one special ground specified in the objection; and
(c) the bankrupt fails to establish that the bankrupt had a reasonable excuse for the conduct or failure that constituted the special ground.
For this purpose, special ground means a ground specified in paragraph 149D(1)(ab), (d), (da), (e), (f), (g), (h), (ha), (k) or (ma).
(1B) In applying subsection (1A), no notice is to be taken of any conduct of the bankrupt after the time when the ground concerned first commenced to exist.
124 Subsection 149P(1)
126 Section 149Q
149Q Review of decisions
(a) a decision of the Inspector-General on the review of a decision of the trustee to file a notice of objection; or
(b) a decision of the Inspector-General refusing a request to review a decision of the trustee to file a notice of objection.
127 Division 3 of Part VII
128 After subsection 153A(1)
(1A) In determining whether there has been full payment of a debt that bears interest, the interest must be reckoned up to and including the date on which the debt (including interest) is paid.
129 At the end of section 153B
(2) In the case of a debtor's petition, the order may be made whether or not the bankrupt was insolvent when the petition was presented.
130 Paragraph 155(2)(b)
Omit "officer of the Department", substitute "APS employee".
Exam to assess suitability
(1A) For the purpose of deciding whether the applicant should be registered, the Committee may require the applicant to sit for an exam.
(4A) The Committee must decide that the applicant should not be registered if the Committee is not satisfied that the applicant has the ability (including knowledge) to perform satisfactorily the duties of a registered trustee.
133 At the end of paragraph 155D(b)
Add "(and any late payment penalty under subsection (3) of this section)".
134 At the end of section 155D
(2) The Inspector-General must not extend the registration of a person if:
(a) the person owes a total of more than $50 for the following:
(i) charge under the Bankruptcy (Estate Charges) Act 1997 (the estate charge );
(ii) penalty under section 281 of this Act in respect of that charge; and
(b) the Inspector-General notified the person of the unpaid estate charge at least 14 days before the due date for payment of the charge under subsection (3) on the extension of the registration.
(3) The charge on an extension of registration is due for payment one month before the expiry of the registration. If the charge is not paid by then, an additional amount equal to 20% of the charge is payable by the trustee by way of penalty.
135 Paragraph 155E(5)(b)
136 After paragraph 155H(1)(a)
(aa) the trustee no longer has the ability (including knowledge) to perform satisfactorily the duties of a registered trustee; or
137 Paragraph 155H(3)(b)
After "$1,109", insert "(the statutory minimum )".
139 After subsection 161B(1)
(1A) The statutory minimum (as affected by section 304A) is increased by 8.4% if the trustee's remuneration is consideration for a taxable supply (within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 ).
140 After subsection 162(6)
(6A) The trustee must, in relation to the trustee's remuneration, give such notices to the bankrupt and creditors as are required by the regulations.
142 At the end of section 178
(2) The application must be made not later than 60 days after the day on which the person became aware of the trustee's act, omission or decision.
143 After section 181
181A Streamlined method for replacing trustee
(1) The current trustee of a bankrupt's estate may, with the written consent of another trustee (either a registered trustee or the Official Trustee), nominate the other trustee as the new trustee of the estate.
(2) The current trustee must give notice of the nomination to all the creditors who would be entitled under section 64A to receive notice of a meeting of creditors.
(a) specify a date (at least 10 days after the notice is given) from which it is proposed that the new trustee will become the trustee of the estate; and
(b) state that any creditor may, by written notice to the trustee at least 2 days before the specified date, object to the nomination taking effect without there being a meeting of creditors.
(4) If no creditor lodges a written notice of objection with the current trustee at least 2 days before the specified date, then the new trustee replaces the current trustee as trustee of the estate, on the date specified in the notice.
(5) For the purposes of this Act, the new trustee is treated as having been appointed by the creditors.
(6) A certificate signed by the new trustee stating any matter relating to the replacement of the former trustee under this section is prima facie evidence of the matter.
144 Subsection 185(1) (definition of frozen debt )
Omit "Official Trustee" (wherever occurring), substitute "Official Receiver".
146 Section 185A
Note: The heading to subsection 185A(1) is altered by omitting " Official Trustee " and substituting " Official Receiver ".
147 Paragraph 185B(3)(a)
Note: The heading to section 185C is altered by omitting " Official Trustee " and substituting " Official Receiver ".
150 Paragraph 185C(4)(d)
Omit "half", substitute "three-quarters of".
151 Section 185D
(2) The debtor may, without fee and either personally or by an agent:
(a) inspect the statement of affairs; and
(b) obtain a copy of, or make extracts from, the statement of affairs.
153 Section 185E
154 After subsection 185E(2)
(2A) The Official Receiver must refuse to accept a debt agreement proposal for processing if the person nominated as administrator is ineligible, in accordance with the regulations, to act as an administrator.
155 Subsection 185E(4)
Omit "Official Trustee's", substitute "Official Receiver's".
156 Section 185G
157 Section 185M
158 Subsection 185N(3)
159 Section 185P
160 Paragraph 185Q(1)(c)
161 Subsection 185T(1)
162 Section 185W
Note: The heading to section 185W is altered by omitting " Official Trustee " and substituting " Official Receiver ".
Omit "Official Trustee's" (wherever occurring), substitute "Official Receiver's".
164 Section 185W (note)
Repeal the note, substitute:
Note: Under section 185Y, the Official Receiver may delegate powers and functions to a registered trustee.
165 Section 185Y
167 Section 185Y (note)
Repeal the note.
168 After section 185Z
185ZA Notification of death of administrator
(1) If the administrator in relation to a debt agreement dies, the person administering the estate of the deceased person must, as soon as practicable, give written notice of that fact to the Official Receiver for the District in which the debt agreement administrator was ordinarily resident.
Penalty: 1 penalty unit.
(2) Subsection (1) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
185ZB Official Receiver to replace an administrator who dies
(1) If the administrator in relation to a debt agreement dies, the Inspector-General must appoint an Official Receiver for a District as the replacement administrator for that debt agreement.
(2) An appointment must be in writing.
(3) The Official Receiver appointed under subsection (1) must notify the parties to the debt agreement that:
(a) the administrator has died; and
(b) the Official Receiver is the replacement administrator until further notice; and
(c) (if applicable) the Official Receiver intends to appoint another person as the new administrator.
185ZC Official Receiver may appoint a new administrator
(1) If the parties to a debt agreement have not already varied the agreement to appoint a new administrator, the Official Receiver who is appointed as the replacement administrator may appoint another person to be the administrator of the agreement in place of the Official Receiver.
(3) The Official Receiver must give written notice of the appointment to the parties to the debt agreement.
(4) The Official Receiver cannot revoke an appointment under subsection (1).
(5) This section does not prevent the appointment of another person as administrator by variation of the debt agreement.
185ZD Remuneration of administrator
A person who becomes the administrator in relation to a debt agreement under section 185ZC is entitled to the remuneration (if any) provided for in the agreement.
(2A) The regulations may prescribe the circumstances in which a person (other than the Official Trustee or a registered trustee) is ineligible to act as a controlling trustee under this Part.
(2B) An authority signed by a debtor under this section is not effective for the purposes of this Part if, at the time the authority is signed, the person authorised:
(a) is not the Official Trustee or a registered trustee; and
(b) is ineligible, under the regulations, to act as a controlling trustee under this Part.
170 After subsection 189(1A)
(1B) The trustee must notify the Official Receiver in writing within 7 days after the trustee becomes aware that the control has ended because of an event specified in subsection (1A).
Omit "under section 198".
Omit "as required by section 198".
Omit "subsection 188(2)", substitute "section 188A".
174 Paragraph 224(c)
Omit "is terminated by the Court under section 236 or 242", substitute "is terminated under section 234B, 236 or 242".
175 Paragraph 224(d)
Omit "is terminated by the creditors under section 241", substitute "is terminated under section 240B or 241".
176 Subsections 226(1) and (2)
234A Variation of deed of arrangement
(1) The creditors, with the written consent of the debtor, may vary a deed of arrangement by special resolution at a meeting called for the purpose.
Variation by trustee
(2) The trustee, with the written consent of the debtor, may, in writing, propose a variation of a deed of arrangement.
(3) The trustee must give notice of the proposed variation to all the creditors who would be entitled under section 64A (as that section applies in accordance with section 223A) to receive notice of a meeting of creditors.
(b) specify a date (at least 14 days after the notice is given) from which it is proposed that the variation will take effect; and
(6) A certificate signed by the trustee stating any matter relating to a proposed variation under subsection (2) is prima facie evidence of the matter.
234B Termination of deed of arrangement by trustee
(1) The trustee may, in writing, propose the termination of a deed of arrangement if the trustee is satisfied that the debtor is in default.
(2) The trustee must give notice of the proposed termination to all the creditors who would be entitled under section 64A (as that section applies in accordance with section 223A) to receive notice of a meeting of creditors.
(a) include a statement of the reasons for the termination and the likely impact it will have on creditors (if it takes effect); and
(b) specify a date (at least 14 days after the notice is given) from which it is proposed that the termination will take effect; and
(c) state that any creditor may, by written notice to the trustee at least 2 days before the specified date, object to the termination taking effect without there being a meeting of creditors.
(a) the debtor is in default; and
(b) no creditor lodges a written notice of objection with the trustee at least 2 days before the specified date;
then the proposed termination takes effect on the date specified in the notice.
(5) For the purposes of this section, the debtor is in default if, and only if:
(a) the debtor has failed to carry out or comply with a provision of the deed; or
(b) if the debtor has died, the debtor or the person administering the estate of the debtor has failed to carry out or comply with a provision of the deed.
(6) A certificate signed by the trustee stating any matter relating to a proposed termination under this section is prima facie evidence of the matter.
240A Variation of composition
(1) The creditors, with the written consent of the debtor, may vary a composition by special resolution at a meeting called for the purpose.
(2) The trustee, with the written consent of the debtor, may, in writing, propose a variation of a composition.
240B Termination of composition by trustee
(1) The trustee may, in writing, propose the termination of a composition if the trustee is satisfied that the debtor is in default.
(a) the debtor has failed to carry out or comply with a term of the composition; or
(b) if the debtor has died, the debtor or the person administering the estate of the debtor has failed to carry out or comply with a term of the composition.
Omit "of an amount of $500 or upwards".
180 Subsection 265A(1)
Omit ", 77B".
Note: The heading to section 265A is altered by omitting " , 77B ".
182 Paragraph 265A(3)(a)
Omit "or 77B".
183 Paragraph 272(ba)
Repeal the paragraph.
Omit "not being a person to whom paragraph (ba) applies,".
(2) The trustee may impose written conditions on a consent given for the purposes of paragraph (1)(c). If the bankrupt is liable to make a contribution to the trustee under section 139P or 139Q, the conditions may include conditions regarding the payment of that contribution.
(3) If the bankrupt contravenes any condition imposed by the trustee, the bankrupt is guilty of an offence and is punishable, on conviction, by imprisonment for a period not exceeding 1 year.
186 At the end of paragraph 282(2)(b)
Add "before the original time for payment".
187 Paragraph 283(1)(a)
Omit "hardship", substitute "undue hardship".
188 Paragraph 304A(1)(h)
Omit "or 149ZC".
Omit "the Official Receiver, the trustee of the estate of a bankrupt", substitute "the trustee of the estate of a bankrupt, the trustee under Part X in relation to a debtor".
191 Subparagraph 305(1)(a)(i)
After "the bankrupt", insert ", the debtor".
192 Subparagraph 305(1)(a)(ii)
193 Subparagraph 305(1)(b)(i)
194 Subparagraph 305(1)(b)(ii)
Omit "in the estate of the bankrupt", substitute "in the estate of the bankrupt, the debtor".
estate :
(a) in relation to a deed of assignment under Part X—means the property that is vested in the trustee under the deed; and
(b) in relation to a deed of arrangement under Part X—means the property that is vested in the trustee under the deed or is available, or may become available, to the trustee under the deed; and
(c) in relation to a composition under Part X—means the property that is available, or may become available, to the trustee under the composition.
Part 2 — Transitional provisions
198 Definitions
In this Part:
Bankruptcy Act means the Bankruptcy Act 1966 .
commencing date means the date on which section 1 commenced.
commencing time means the time when section 1 commenced.
199 Items 4 and 12
The amendments made by items 4 and 12 apply to offences committed at any time, whether before or after the commencing time.
200 Item 7
The amendment made by item 7 applies to conduct occurring after the commencing time.
An appointment in force under section 16 of the Bankruptcy Act immediately before the commencing time continues in effect after the commencing time as if it had been made under that section as amended by this Act.
202 Items 10 and 11
An appointment in force under section 17 of the Bankruptcy Act immediately before the commencing time continues in effect after the commencing time as if it had been made under that section as amended by this Act. However, nothing in this item is taken to alter the time when the appointment was made.
203 Items 13, 14, 67, 68, 69, 70, 71, 180, 181 and 182
The amendments made by items 13, 14, 67, 68, 69, 70, 71, 180, 181 and 182 apply to bankruptcies for which the date of the bankruptcy is after the commencing date.
204 Item 15
The amendment made by item 15 applies to statements of affairs that are filed at any time, whether before or after the commencing time.
205 Items 19, 20, 21 and 22
The amendments made by items 19, 20, 21 and 22 apply to the issue of bankruptcy notices on applications that are made after the commencing time.
206 Items 23, 31, 34, 43, 103, 106, 127, 188 and 189
The amendments made by items 23, 31, 34, 43, 103, 106, 127, 188 and 189 apply to bankruptcies for which the date of the bankruptcy is after the commencing date.
The amendment made by item 24 applies to any creditor's petition that is presented after the commencing time.
The amendments made by items 28, 29, 41 and 42 apply to petitions presented after the commencing time.
209 Items 46, 47, 48, 51, 52 and 53
The amendments made by items 46, 47, 48, 51, 52 and 53 apply to meetings of which notice is given after the commencing time.
The amendment made by item 49 applies to meetings held after the commencing time.
211 Items 55, 56 and 57
The amendments made by items 55, 56 and 57 apply to proposals lodged after the commencing time under subsection 73(1) of the Bankruptcy Act.
212 Items 58, 174, 175, 177 and 178
(1) The amendments made by items 58, 174, 175, 177 and 178 apply to compositions, schemes of arrangement and deeds of arrangement that are made after the commencing time.
(2) For the purposes of this item:
(a) a composition or scheme of arrangement is made when it is accepted by the creditors; and
(b) a deed of arrangement is made when it is executed.
213 Items 59, 60, 61, 62, 63, 64, 65, 66, 72 and 113
The amendments made by items 59, 60, 61, 62, 63, 64, 65, 66, 72 and 113 apply to changes that occur after the commencing time.
214 Items 73, 97, 121 and 142
The amendments made by items 73, 97, 121 and 142 apply in relation to the review of decisions that are made after the commencing time.
The amendments made by items 74 and 76 apply to trustee decisions that are made after the commencing time.
The amendment made by item 75 applies to proofs admitted after the commencing time.
The amendments made by items 77 and 80 apply to bankruptcies for which the date of the bankruptcy is after the commencing date.
The amendment made by item 79 applies to bankruptcy notices issued after the commencing time.
The amendment made by item 81 applies to all bankruptcies, including those that ended before the commencing time. However, for a bankruptcy that ended before the commencing time, the initial revesting time is the beginning of the day that is the sixth anniversary of the commencing day (instead of the sixth anniversary of the day on which the bankrupt was discharged).
220 Items 86, 87, 88, 89, 90, 91, 92, 93, 94, 95 and 96
The amendments made by items 86, 87, 88, 89, 90, 91, 92, 93, 94, 95 and 96 apply to contribution assessment periods that begin after the commencing date.
221 Items 99, 100 and 126
The amendments made by items 99, 100 and 126 apply in relation to the review of decisions that are made after the commencing time.
222 Items 101, 183, 184 and 185
Despite the amendments made by items 101, 183, 184 and 185:
(a) Division 4C of Part VI of the Bankruptcy Act continues to have effect:
(i) in relation to permissions granted under that Division before the commencing time; and
(ii) in relation to applications that were made to the Court under that Division before the commencing time; and
(iii) in relation to permissions granted after the commencing time on applications referred to in subparagraph (ii); and
(b) paragraph 272(c) of the Bankruptcy Act does not apply to anything done by a bankrupt in accordance with a permission referred to in paragraph (a) of this item.
223 Items 107, 108, 109, 110, 111, 112, 114, 115, 116, 117, 118, 119, 120, 122, 123 and 125
The amendments made by items 107, 108, 109, 110, 111, 112, 114, 115, 116, 117, 118, 119, 120, 122, 123 and 125 apply to objections filed after the commencing time.
224 Item 128
The amendment made by item 128 applies to annulments after the commencing time, including annulments of bankruptcies for which the date of bankruptcy is before the commencing time.
The amendment made by item 129 applies to petitions presented after the commencing time.
226 Items 131 and 132
The amendments made by items 131 and 132 apply to registration applications made after the commencing time.
The amendments made by items 133 and 134 apply to extensions of registration with an expiry date that is at least 3 months after the commencing date.
The amendments made by items 138 and 139 apply where the trustee is appointed after the commencing time.
The amendment made by item 143 applies to all bankruptcies (including those for which the date of the bankruptcy is before the commencing date).
230 Items 144, 145, 146, 147, 148, 149, 151, 153, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166 and 167
(1) The amendments made by items 144, 145, 146, 147, 148, 149, 151, 153, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166 and 167 apply to debt agreements that are in force at the commencing time and to debt agreements made after the commencing time.
(2) Things that were done before the commencing time by, or in relation to, the Official Trustee under Part IX of the Bankruptcy Act are to be treated as if they had been done by, or in relation to, the Official Receiver.
The amendment made by item 150 applies to debt agreement proposals that are given after the commencing time under subsection 185C(1) of the Bankruptcy Act.
The amendment made by item 169 applies to authorities that are signed after the commencing time.
The amendment made by item 170 applies in cases where the control ends after the commencing time.
The amendment made by item 179 applies to debts contracted after the commencing time.
The amendment made by item 186 applies to applications made after the commencing time.
The amendment made by item 187 applies in cases where the application for remission is made to the Inspector-General after the commencing time.
[ Minister's second reading speech made in—
House of Representatives on 21 March 2002
Senate on 19 June 2002 ]

redpajama_set_name: RedPajamaCommonCrawl


text:
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Marines currently have two separate utility uniforms they wear outside tropical environments: the digital-patterned combat utility uniform and flame-resistant organizational gear, known as the FROG combat uniform. The combat utility uniform provides signature mitigation, designed to camouflage a Marine from possible enemy detection, but no flame protection.
The FROG gives flame protection and signature mitigation, but it's significantly more expensive, officials said, and not as durable or comfortable as the combat uniform.
Ideal under a Tactical Jacket.
Why choose PRAESIDIUM ARMOR USA ?
All our deliveries to USA and Europe are totally free of charge, which allows us to have more competitive prices than other conventional online stores. We pay for any excess weight!
Your favorite products are shipped the same day if the order is placed before 6pm, a tracking number will be given to you to follow the delivery of your package.
Create an account and select "Checkout" without hurrying during the payment, we keep your items in your cart.
Returns within 90 days! We want you to love the equipment you buy. What if you don't? Return it within 90 maximum from delivery, no questions asked.
100% satisfaction! Providing the ultimate customer experience is our #1 priority. For over a decade, praesidium-armor-usa.com has set the standard by providing exceptional service to every customer who visits our website.
When you contact us with questions, you will contact a member of our dedicated in-house customer relations team who will personally ensure that you are taken care of.
Since 2004 we have been equipping tactical professionals who dedicate their lives to protecting and serving the public. Whether you're a police officer or an elite agent, chances are we have the tools to give you the tactical edge.
We are your American "Gear Zone" for all things Military Civilian Tactics or Survivalism. Backed by a dynamic customer relations team and expert know-how, praesidium-armor-usa.com offers you the best selection of clothing and equipment to ensure a successful mission.
We have designed this online store entirely to serve members of the law enforcement and public safety community.
Why? Because we believe you deserve your own online shopping experience. It's an experience that brings you the best deals on the most advanced tactical equipment available.
We recognize that in this business, when you need equipment for your job, you need it fast. That's why most orders are picked and packed within two business days.
Contact us 7 days a week if you have any questions about your order or just to discuss what's new.
You can also find us on Facebook, Twitter, Instagram, and most recently YouTube for video presentations of our products. We are fully committed to providing you with the highest level of customer service.
Welcome to Praesidium-Armor-USA.com !
The Ballistic Buyer's Guide in 2023
CAN YOU BUY BODY ARMOR?
Yes, you can - despite popular opinion. It's hard not to link body armor with war, crime scenes, hazardous situations, terror strikes, accidents, and other such intimidating scenarios. Because of this, many people believe the purchase of body armor is (or should be) be restricted.
But that's just not the case! Any lawful adult citizen can purchase body armor through e-commerce sites like Praesidium-Armor.com, and that's a good thing. Body armor is not a dangerous tool of aggression: it's protective gear.
Think about car seat belts. They have as much connection to auto accidents as body armor does with bullets and blunt impacts, but you don't think twice before buckling up (at least we hope you don't!)
It's the same with body armor: you wear it with the hope that you never need it. If that need ever arises, you and your loved ones will be thankful it was there to save your life.
IS IT LEGAL TO HAVE BODY ARMOR?
Currently, yes. U.S. citizens and legal residents are well within their federal rights to purchase and wear body armor. However, laws about body armor in some states are always subject to change.
So while you can buy body armor in most states, always stay up to date with your state and local laws for body armor. We'll also try our best to let you know of changes as well!
CAN I TAKE BODY ARMOR ON A PLANE?
Generally, yes. The TSA page on body armor states that body armor is allowed on planes as long as it's placed in checked bags or luggage.
Even though it's generally allowed to bring body armor in luggage or checked bags, the TSA has the final say on what's allowed on the plane each day and what isn't. That means it's possible (and fully legal) for your packed body armor to be barred when you show up at the airport. If that happens, the body armor must be removed from the bag and will not be able to fly with you. That can be very inconvenient, especially in a travel rush, so always contact the airport ahead of time to ask about your situation. Either way, be prepared to comply with the TSA's requests on arrival.
WHEN IS IT ILLEGAL TO HAVE BODY ARMOR?
There are 3 exceptions when it comes to body armor legality:
Anyone convicted of a felony cannot own or wear body armor.
Connecticut is the only state where e-commerce purchase of body armor is prohibited. You can buy a bulletproof vest there only in person across a store counter.
Wearing a protective bulletproof vest while committing a crime or any illegal activity will go against the criminal during the trial. It's used as proof of premeditation for the crime, and that's why he or she was pre-armed with protective gear such as body armor.
WHY DO PEOPLE THINK IT'S ILLEGAL TO OWN BODY ARMOR?
One reason is that some manufacturers only sell their products directly to armed forces, law enforcement, security agencies, or official government entities instead of in retail or through e-commerce to the general public. Many others do sell to the public, though. You can get an idea of just how many choices you have by browsing our body armor collection.
WHAT DOES THE NIJ RATING OF BODY ARMOR MEAN?
NIJ stands for National Institute of Justice, and they set the bar for body armor effectiveness and safety. An NIJ rating tells you which kinds of bullets a piece of body armor can protect you from. When a manufacturer creates a new bullet-resistant product, it's tested under highly controlled conditions to see what types of ammunition it can resist penetration from. These tests are very detailed and thorough, taking into account many variables.
The NIJ is serious about its standards. There's no room for a company to cut corners when testing ballistic gear at these quality levels. As a potential wearer of protective gear, you can be confident if protective armor is rated to NIJ standards.
Always check a bulletproof vest for its NIJ rating before making a purchase, and make sure you know which protection level is right for you. After all, you're buying body armor for protection in hazardous situations, not to wear it at a party.
WHAT ARE THE DIFFERENT NIJ RATINGS?
Body armor is rated according to its functionality and capability to resist or deflect projectiles. These ratings help in choosing the right armor for specific requirements and you should use them as a guide for the type of armor you need.
NIJ ratings cover both soft and hard armor categories, with soft armor comprising the lower levels and hard armor the higher levels. We'll give a brief summary of NIJ levels and the pros and cons for each. Check out our more in-depth guide on the NIJ protection levels for more information.
SOFT BODY ARMOR
Soft armor is meant for light combat, such as low-caliber handguns or stabbing attacks.
SOFT ARMOR NIJ LEVELS
LEVEL I
This was the first NIJ level. It's now considered obsolete since weapons have evolved far beyond Level 1's protective abilities. You really only see this level in old or second-hand body armor, which we urge you to avoid for quality and safety reasons.
LEVEL IIA
After Level 1, this level is the least effective but most concealable armor for those who need to remain mobile and want it undetectable, such as undercover officers, intelligence agents, or VIPs. It still provides a degree of protection from slower projectiles or knives.
This level has an ideal balance between weight, flexibility, protection, and concealability. Level II armor covers specific handgun and shotgun calibers.
LEVEL IIIA
The most universally recommended armor, IIIA offers protection against most rounds of handguns and shotguns. This is generally the highest rating possible for commercially available concealable armor.
Advantages of soft armor
Concealable – can be worn by anyone without being visually detected
Soft and flexible material – comfortable and feels just like a flannel shirt
Lightweight – does not add to the overall weight of security gear
High deflection range – can effectively counter a wide range of bullets and shrapnel
Combination layers – Kevlar, Dyneema, and other combination materials produce outstanding resistance while being user-friendly
Disadvantage of soft armor
Lower protective capabilities - cannot withstand high-caliber or high-velocity rounds.
One of the key materials used in mainstream bulletproof vests is Kevlar, which is why they are often referred to as "Kevlar vests."
Kevlar is a strong, light synthetic fiber that's 5 times stronger than steel. When it's layered just right, as in soft ballistic body armor, it can absorb much of the impact of handgun rounds or explosive shrapnel, making it much harder for the impact to penetrate. It blunts and deform the approaching object and alters the shape into a relatively harmless dish-like form. While it's blunting the incoming object, the armor is also distributing all that energy across its entire structure, weakening the impact.
This is a material similar to Kevlar. In fact, both the fibers are from the Aramid parentage. Twaron's first commercial production was in 1986, by Teijin Aramid.
The brainchild of material technologists from the Netherlands, Dyneema is extremely lightweight yet very strong. A 1-mm strand of Dyneema can bear a phenomenal weight of 240 kg., but it's so lightweight that it can float in water!
The new wonder material! Graphene is incredibly strong and lightweight, easily able to blunt high-velocity projectiles. It's straight out of a sci-fi story.
Currently, graphene is too expensive and difficult to manufacture in strong structures within ballistic vests. But as technology develops, this is the material to keep an eye on!
This armor offers protection against manual striking with edged or straight knives and other sharp weapons.
ADVANTAGES OF STAB / SPIKE PROOF ARMOR
Unlike bulletproof vests, protects against sharp weapons of two types - "edged" blades such as kitchen or pocket knives, OR "spiked" blades like ice picks.
Vests which are "multi threat" or "dual threat" are made to resist BOTH ballistic impacts and stabbing.
DISADVANTAGES OF STAB / SPIKE PROOF ARMOR
Does not protect against firearms.
BULLETPROOF CLOTHING – A COMPLEMENTARY SAFETY GEAR
As the name suggests, bulletproof clothing is the range of bodywear that extends the bulletproof armor's functionality to the rest of the body. They can be worn with body armor or carriers or instead of body armor or carriers.
Bulletproof clothing is made from materials similar to soft body armor. Hence, they are flexible, feel natural to wear, breathable, maneuverable, and concealable.
The wide range of bulletproof clothing includes:
Upper and lower body-wear such as vests, jackets, coats, pants, trousers, shorts, and more
Travel gear such as luggage, backpacks, and carry-on bags
Business and professional accessories such as business bags, cases for computer and other accessories, presentation panels, packing bags, and more
Vests and clothing for security-trained canines, known as "K-9 clothing"
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Origine e diffusione

Generalmente, ripende il termine giapponese 菖蒲, indicante il fiore dell'iris (nello specifico, l'Iris sanguinea); ha quindi lo stesso significato del nome Iris. Tuttavia, come nella maggioranza dei nomi giapponesi, è anche possibili che sia formato da diverse altre combinazioni di due kanji.

Onomastico
È un nome adespota, cioè privo di santa patrona; l'onomastico può essere festeggiato il 1º novembre, per la ricorrenza di Ognissanti.

Persone

Ayame Gōriki, attrice, modella e cantante giapponese

Note

Bibliografia

Prenomi di origine nipponica
Prenomi derivati da fitonimi

redpajama_set_name: RedPajamaWikipedia


text:
Q: Can every letrec be replaced with letrec*? For every 100% compliant R7RS-small program that does not rely on any implementation-specific or undefined behavior, is it true that every instance of letrec in the program can be replaced with letrec* without causing any change in behavior? In other words, is there any R7RS-small program where an appearance of letrec cannot be substituted with letrec*?

A: I think that the answer is yes, it can, assuming that the form is not 'an error' in R7RS terminology (but see note at end).  In particular I think that if there's a form like
(letrec ((v1 <e1>) (v2 <e2>)) ...)

Then it must be possible to evaluate <e2> without referring to the value of v1, but that binding does actually exist when <e2> is evaluated: it is just an error to refer to it.  So in particular this is not allowed:
(let ((a 1)) (letrec ((a 2) (b a)) ...))

because the binding that the init for b refers to is that established by the letrec, not that established by the let, but it is not yet legal to refer to the value of that binding.
That being the case then if you simply replace letrec by letrec* then <e2> still will not refer to the value of v1 and thus the results will be the same.
The converse is not true:
(letrec* ((a 1) (b a)) ...)

is fine, but you can't replace the letrec* by letrec there.
That being the case I'm unclear what useful purpose letrec serves (perhaps this is why Racket's letrec has the semantics of Scheme's letrec*).

Note an earlier version of this answer came to the opposite conclusion.  I am now not convinced I understand things well enough.

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