BANKRUPTCY ACT 1966

PART VII - DISCHARGE AND ANNULMENT  

Division 2 - Discharge by operation of law  

Subdivision A - Discharge after certain period  

SECTION 149   AUTOMATIC DISCHARGE  

149(1)   [By force of this subsection etc - discharged]  

Subject to section 149A , a bankrupt is, by force of this subsection, discharged from bankruptcy in accordance with this section.

149(2)   [Bankrupt before commencement]  

If:


(a) the bankrupt became a bankrupt before the commencement of section 27 of the Bankruptcy Amendment Act 1991 ; and


(b) immediately before the commencement of that section, either:


(i) paragraph 149(3)(c) of the Bankruptcy Act 1966 as amended applied in relation to the bankrupt; or

(ii) an order under subsection 149(8) or (12) of the Bankruptcy Act 1966 as amended was in force in relation to the bankrupt;

the bankrupt is discharged at the end of the period of 3 years from:


(c) the date on which the bankrupt filed his or her statement of affairs; or


(d) the date of commencement of that section;

whichever is the later.

149(3)   [Subsec (2) does not apply]  

If the bankrupt became a bankrupt before the commencement of section 27 of the Bankruptcy Amendment Act 1991 , and subsection (2) does not apply in relation to the bankrupt, the bankrupt is discharged at:


(a) the end of the period of 3 years from the date on which the bankrupt filed his or her statement of affairs; or


(b) the commencement of that section;

whichever is the later.

149(4)   [Bankrupt after commencement]  

If the bankrupt becomes a bankrupt after the commencement of section 27 of the Bankruptcy Amendment Act 1991 , the bankrupt is discharged at the end of the period of 3 years from the date on which the bankrupt filed his or her statement of affairs.

149(5)  
(Omitted by No 44 of 1996, Sch 1, Pt 1(268).)




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