BANKRUPTCY ACT 1966

PART IV - PROCEEDINGS IN CONNEXION WITH BANKRUPTCY  

Division 2 - Creditors ' petitions  

SECTION 43   JURISDICTION TO MAKE SEQUESTRATION ORDERS  

43(1)  
Subject to this Act, where:


(a) a debtor has committed an act of bankruptcy; and


(b) at the time when the act of bankruptcy was committed, the debtor:


(i) was personally present or ordinarily resident in Australia;

(ii) had a dwelling-house or place of business in Australia;

(iii) was carrying on business in Australia, either personally or by means of an agent or manager; or

(iv) 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;

the Court may, on a petition presented by a creditor, make a sequestration order against the estate of the debtor.

43(2)  
Upon the making of a sequestration order against the estate of a debtor, the debtor becomes a bankrupt, and continues to be a bankrupt until:


(a) he or she is discharged by force of subsection 149(1) ; or


(b) his or her bankruptcy is annulled by force of subsection 74(1) or 153A(1) or under section 153B .


(c) (Omitted by No 143 of 1992, Sch.)




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