Bankruptcy Act 1966

Div 3A inserted by No 94 of 2023, s 3 and Sch 1 item 12, effective 23 November 2023.

S 57B inserted by No 94 of 2023, s 3 and Sch 1 item 12, effective 23 November 2023. No 94 of 2023, s 3 and Sch 1 items 27 and 28 contain the following application provisions:

Part   2 - Application, transitional and validation provisions

Division   1 - Definitions

27     Definitions  
In this Part:

affected bankruptcy period
means the period:

(a) starting on 1   July 1992 (the day section   27 of the   Bankruptcy Amendment Act 1991   commenced); and

(b) ending on the day before commencement.

amended Act
means the   Bankruptcy Act 1966 , as amended by Part   1 of this Schedule.

amended Regulations
means the   Bankruptcy Regulations   2021 , as amended by Part   1 of this Schedule.

commencement
means the commencement of this item.

discharge reference date
for a bankruptcy means:

(a) unless paragraph   (b) or (c) applies:

(i)   for a bankruptcy because of a sequestration order - the date of filing of the version of the statement of the bankrupt ' s affairs that the Official Receiver accepted for filing; or

(ii) for a bankruptcy because of a debtor ' s petition (other than a bankruptcy to which subparagraph   (iii) applies) - the date the Official Receiver accepted the debtor ' s petition; or

(iii) for a bankruptcy, because of a debtor ' s petition against a partnership, of a member of the partnership who did not join in presenting the petition - the date of filing of the version of the statement of the bankrupt ' s affairs that the Official Receiver accepted for filing; or

(b) if there is in force an order of a court made before commencement:

(i)   declaring the date on which the statement of the bankrupt ' s affairs was filed with Official Receiver to be a particular date; or

(ii) ordering that the statement of the bankrupt ' s affairs be treated as having been filed with the Official Receiver at a time before it was actually filed; or

(iii)   otherwise affecting the date on which the bankrupt filed his or her statement of affairs for the purposes of sections   149 and 149A of the   Bankruptcy Act 1966 , as in force at any time during the affected bankruptcy period;

the date applicable under that order; or

(c) if there is in force an order of a court, made on or after commencement, that the person ' s discharge reference date is to be treated as having been a date that is earlier than the date that would otherwise apply (see item   32) - the date applicable under that order.

do a thing
includes:

(a) make, or refuse to make, a decision (however described and whether or not under a law); and

(b) exercise a power, perform a function, comply with an obligation or discharge a duty; and

(c) refuse to do a thing covered by paragraph   (b); and

(d) enter into, or refuse to enter into, an agreement or transaction (however described); and

(e) do, or refuse to do, anything else;

and   purport to do a thing   has a corresponding meaning.

Official Receiver
  includes:

(a) an Official Receiver within the meaning of the   Bankruptcy Act 1966 , as in force at any time during the affected bankruptcy period; and

(b) a Registrar in Bankruptcy, or a Deputy Registrar in Bankruptcy, within the meaning of the   Bankruptcy Act 1966 , as in force at any time during the affected bankruptcy period; and

(c) an authorised employee; and

(d) an officer (within the meaning of the   Bankruptcy Act 1966 , as in force at any time during the affected bankruptcy period) with duties that include supporting:

(i) an Official Receiver covered by paragraph   (a) of this definition; or

(ii) a Registrar in Bankruptcy, or a Deputy Registrar in Bankruptcy, covered by paragraph   (b) of this definition;

in the performance of their functions, or in the exercise of their powers, under the   Bankruptcy Act 1966 .

Division   2 - Application of the amended Act and amended Regulations

28 Application of the amended Act  
Requirement to accept or refuse to accept statement of affairs

(1)
The provisions of the amended Act covered by subitem   (2) apply in relation to a statement of affairs filed for the purposes of a provision mentioned in any of paragraphs 57B(1)(a) to (e) of the amended Act:

(a) on or after commencement; or

(b) before commencement, if the Official Receiver had not, before commencement:

(i) accepted the statement of affairs for filing; or

(ii) efused to accept for filing the most recent version of the statement of affairs given to the Official Receiver before commencement.

(2)
This subitem covers the following provisions of the amended Act:

(a) paragraphs 55(3)(c) and (3AA)(a) ;

(b) paragraph   56B(4)(c) ;

(c) paragraph   57(3)(c) ;

(d) subsection   57B(1) .

(3)
Subsection   57B(1) of the amended Act applies under subitem   (1):

(a) in relation to a statement of affairs filed before commencement - as if the 14 day period referred to in that subsection ran from commencement; and

(b) in any case - subject to the operation of subsections   57B(6) and (7) of the amended Act.

Discharge from bankruptcy

(4)
Sections   149 and 149A of the amended Act apply in relation to a bankrupt whose statement of affairs is filed:

(a) on or after commencement; or

(b) before commencement, if the Official Receiver had not, before commencement:

(i) accepted the statement of affairs for filing; or

(ii) refused to accept for filing the most recent version of the statement of affairs given to the Official Receiver before commencement.

Court alteration of dates

(5)
Section   33A of the amended Act applies in relation to a bankrupt whose statement of affairs is filed:

(a) on or after commencement; or

(b) before commencement, if the Official Receiver had not, before commencement:

(i) accepted the statement of affairs for filing; or

(ii) refused to accept for filing the most recent version of the statement of affairs given to the Official Receiver before commencement.

Note:

For the operation of section   33A of the   Bankruptcy Act 1966 , as that section applies to persons whose statements of affairs were accepted by the Official Receiver for filing before commencement, see item   32 of this Schedule.

Advising trustee of material changes

(6)
Paragraphs 77(1)(bb) and (bc) of the amended Act apply in relation to a bankrupt whose statement of affairs is filed:

(a) on or after commencement; or

(b) before commencement, if the Official Receiver had not, before commencement:

(i) accepted the statement of affairs for filing; or

(ii) refused to accept for filing the most recent version of the statement of affairs given to the Official Receiver before commencement.

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