Bankruptcy Regulations 2021

PART 6 - ADMINISTRATION OF PROPERTY  

Division 7 - Contributions by bankrupt  

SECTION 39   DISCHARGED BANKRUPT TO GIVE INFORMATION IF CONTRIBUTION UNPAID  

39(1)    
This section applies if:

(a)    a person is discharged from bankruptcy; and

(b)    immediately before being discharged, the person was liable to pay a contribution to the trustee of the person ' s estate under subsection 139P(1) or 139Q(1) of the Act; and

(c)    the person has not paid the contribution; and

(d)    a change occurs to:

(i) the particulars set out in the person ' s statement of affairs in relation to the bankruptcy; or

(ii) the person ' s name; or

(iii) the address of the person ' s principal place of residence.

Note:

Section 139R of the Act provides that any liability of a bankrupt under section 139P or 139Q of the Act is not affected by the bankrupt ' s discharge from bankruptcy after the making of the assessment that gave rise to the liability.

39(2)    
The person must:

(a)    give the trustee written notice of the change; and

(b)    do so within 2 business days after the change occurs.

39(3)    
A person commits an offence if:

(a)    the person is required to give notice in accordance with subsection (2); and

(b)    the person fails to comply with the requirement.

Penalty: 10 penalty units.

39(4)    
An offence against subsection (3) is an offence of strict liability.

39(5)    
For the purposes of subparagraph (1)(d)(ii), a change in the name of a person is taken to occur if the person in fact assumes the use of a different name or an additional name.