Bankruptcy Act 1966

PART VII - DISCHARGE AND ANNULMENT  

Division 2 - Discharge by operation of law  

Subdivision C - Review of objection  

SECTION 149N   DECISION ON REVIEW  

149N(1)    
On a review of a decision, if the Inspector-General is satisfied that:

(a)    the ground or grounds on which the objection was made was not a ground or were not grounds specified in subsection 149D(1) ; or

(b)    there is insufficient evidence to support the existence of the ground or grounds of objection; or

(c)    the reasons given for objecting on that ground or those grounds do not justify the making of the objection; or

(d)    a previous objection that was made on that ground or those grounds, or on grounds that included that ground or those grounds, was cancelled;

the Inspector-General must cancel the objection.

149N(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), (ia), (k) or (ma).

149N(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.

149N(2)    
The cancellation does not take effect until:

(a)    

the end of the period within which an application may be made to the Administrative Review Tribunal for the review of the decision of the Inspector-General; or

(b)    

if such an application is made - the decision of the Tribunal becomes final.

149N(2A)    

For the purposes of paragraph (2)(b) , a decision of the Tribunal becomes final:

(a)    if no application to refer the decision of the Tribunal to the guidance and appeals panel is made within the period for making the application - at the end of that period; or

(b)    if an application is made to refer the decision of the Tribunal to the guidance and appeals panel within the period for making the application - when:

(i) the application is refused; or

(ii) the decision of the Tribunal on the guidance and appeals panel application is given.

149N(2B)    

For the purposes of subsection (2A) , the period for making an application to refer a decision of the Tribunal to the guidance and appeals panel includes any extension of that period under section 125 of the Administrative Review Tribunal Act 2024 .

149N(3)    
If the Inspector-General is not satisfied as mentioned in subsection (1) , the Inspector-General must confirm the decision.