BANKRUPTCY ACT 1966

PART VII - DISCHARGE AND ANNULMENT  

Division 2 - Discharge by operation of law  

Subdivision A - Discharge after certain period  

SECTION 149A   BANKRUPTCY EXTENDED WHEN OBJECTION MADE  

149A(1)   [Objection taken effect]  

If an objection to the discharge of a bankrupt has taken effect in accordance with section 149G , then, unless the objection is withdrawn or cancelled, the reference in whichever of subsections 149(2) , (3) and (4) applies in relation to the bankrupt to the period of 3 years from the date on which the bankrupt filed his or her statement of affairs is taken to be a reference to the prescribed number of years from the prescribed date.

149A(2)   [Prescribed number of years - 8 or 5]  

For the purposes of subsection (1):


(a) the prescribed number of years is:


(i) if the objection was made on a ground, or on grounds that included a ground, referred to in paragraph 149D(1) (ab), (ac), (ad), (d), (da), (e), (f), (g), (h) (ha), (ia), (k) or (ma) - 8 years; or

(ii) in any other case - 5 years; and


(b) the prescribed date is:


(i) if the objection was made on a ground, or on grounds that included a ground, referred to in paragraph 149D(1) (a) or (h) - the date on which the bankrupt returned to Australia; or

(ii) in any other case - the date on which the bankrupt filed his or her statement of affairs.

149A(3)   [Objection withdrawn or cancelled]  

If the objection is withdrawn or cancelled:


(a) the objection is taken never to have been made; and


(b) if:


(i) the period specified in whichever of subsections 149(2) , (3) and (4) applies in relation to the bankrupt has ended; and

(ii) no other objection against the discharge of the bankrupt is in effect;

(iii) (Repealed by No 131 of 2002).
the bankrupt is taken to be discharged under section 149 immediately the objection is withdrawn or cancelled.




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