PART III
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COURTS
Division 2
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Jurisdiction and powers of courts in bankruptcy
SECTION 33A
ALTERATION OF FILING DATE FOR STATEMENT OF AFFAIRS
33A(1)
[Application]
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.
33A(2)
[Reasonable grounds]
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.
33A(3)
[30-day period]
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.
33A(4)
[Interpretation]
In this section:
filed
includes presented, lodged or given.
History
S 33A inserted by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 items 15 and 204, applicable to statements of affairs that are filed at any time, whether before or after 5 May 2003.
Act No 80 of 2004, s 3 and Sch 7 item 3, contained the following provision:
3 Validation of acts
3(1)
For the purposes of this item, a
past act
is an act or thing that was done on either or both of the following assumptions:
(a)
the assumption that the commencing date defined in item 198 of Schedule 1 to the
Bankruptcy Legislation Amendment Act 2002
was the date on which that Schedule commenced;
(b)
the assumption that the commencing time defined in item 198 of Schedule 1 to the
Bankruptcy Legislation Amendment Act 2002
was the time when that Schedule commenced.
3(2)
To avoid doubt, past acts are as valid, and are taken always to have been as valid, as they would have been if:
(a)
the commencing date defined in item 198 of Schedule 1 to the
Bankruptcy Legislation Amendment Act 2002
had been the date on which that Schedule commenced; and
(b)
the commencing time defined in item 198 of Schedule 1 to the
Bankruptcy Legislation Amendment Act 2002
had been the time when that Schedule commenced.
Note: Schedule 1 to the
Bankruptcy Legislation Amendment Act 2002
commenced on 5 May 2003.
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