Bankruptcy Act 1966
PART XIV
-
OFFENCES
SECTION 267
FALSE DECLARATION BY DEBTOR OR BANKRUPT
267(1)
This section applies to a declaration contained in a statement that:
(a) is filed under paragraph 54(1) (a) or (2) (a); or
(aa) accompanies a declaration presented under section 54A ; or
(b) accompanies a petition presented under paragraph 55(2) (b) or subsection 56B(1) ; or
(c) is filed under paragraph 56F(1) (a) or (b); or
(d) accompanies a petition presented under subsection 57(1) ; or
(da) is given to the Official Receiver under section 77CA ; or
(e) is given to the Official Receiver under:
(ea) is given to the Official Receiver under section 185D with a debt agreement proposal; or
(f) is given under subsection 188(2C) or (2D) .
267(2)
A person must not make a declaration to which this section applies that the person knows to be false.
Presumed maker of declaration in electronic statement
267(3)
If a declaration is contained in a statement that:
(a) was received by the Official Receiver electronically; and
(b) purported to be made by a particular person;
267(4)
Subsection (3) applies whether the statement was filed, accompanied a declaration or petition or was given to the Official Receiver, as described in subsection (1).
267(5)
Subsection (3) does not affect by implication the operation of a law of the Commonwealth outside this section.
This section applies to a declaration contained in a statement that:
(a) is filed under paragraph 54(1) (a) or (2) (a); or
(aa) accompanies a declaration presented under section 54A ; or
(b) accompanies a petition presented under paragraph 55(2) (b) or subsection 56B(1) ; or
(c) is filed under paragraph 56F(1) (a) or (b); or
(d) accompanies a petition presented under subsection 57(1) ; or
(da) is given to the Official Receiver under section 77CA ; or
(e) is given to the Official Receiver under:
(i) subsection 185C(2B) ; or
(ii) subsection 185M(1B) ; or
(iii) subsection 185P(1B) ; or
(ea) is given to the Official Receiver under section 185D with a debt agreement proposal; or
(f) is given under subsection 188(2C) or (2D) .
View history note
Hide history note267(2)
A person must not make a declaration to which this section applies that the person knows to be false.
Penalty: Imprisonment for 12 months.
Presumed maker of declaration in electronic statement
267(3)
If a declaration is contained in a statement that:
(a) was received by the Official Receiver electronically; and
(b) purported to be made by a particular person;
the declaration is presumed to have been made by the person, in the absence of evidence to the contrary.
267(4)
Subsection (3) applies whether the statement was filed, accompanied a declaration or petition or was given to the Official Receiver, as described in subsection (1).
267(5)
Subsection (3) does not affect by implication the operation of a law of the Commonwealth outside this section.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.