BANKRUPTCY ACT 1966

PART VI - ADMINISTRATION OF PROPERTY  

Division 4A - Orders in relation to property of entity controlled by bankrupt or from which bankrupt derived a benefit  

SECTION 139CA   DEFINITION OF EXAMINABLE PERIOD  

139CA(1)  
For the purposes of this Division, the examinable period is:


(a) in the case of an application for an order in relation to a related entity of the bankrupt - the period beginning:


(i) if, at a time or times during the period of 1 year beginning 5 years before the commencement of the bankruptcy, the bankrupt became insolvent - at that time, or at the first of those times, as the case may be; or

(ii) in any other case - 4 years before the commencement of the bankruptcy;
and ending on the day on which the application is made; or


(b) in any other case - the period beginning:


(i) if, at a time or times during the period of 3 years beginning 5 years before the commencement of the bankruptcy, the bankrupt became insolvent - at that time, or at the first of those times, as the case may be; or

(ii) in any other case - 2 years before the commencement of the bankruptcy;
and ending on the day on which the application is made.

139CA(2)  
For the purposes of subparagraphs (1)(a)(i) and (b)(i), a rebuttable presumption arises that a bankrupt became insolvent at a time during the period referred to in the relevant subparagraph if it is established that the bankrupt:


(a) had not, in respect of that time, kept such books, accounts and records as are usual and proper in relation to the business carried on by the transferor and as sufficiently disclose the transferor ' s business transactions and financial position; or


(b) having kept such books, accounts and records, has not preserved them.




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