Bankruptcy Act 1966


Division 2 - Discharge by operation of law  

Subdivision C - Review of objection  


149N(1)   [Inspector-General must cancel objections - grounds]  

On a review of a decision, if the Inspector-General is satisfied that:

(a) the ground or grounds on which the objection was made was not a ground or were not grounds specified in subsection 149D(1) ; or

(b) there is insufficient evidence to support the existence of the ground or grounds of objection; or

(c) the reasons given for objecting on that ground or those grounds do not justify the making of the objection; or

(d) a previous objection that was made on that ground or those grounds, or on grounds that included that ground or those grounds, was cancelled;

the Inspector-General must cancel the objection.

149N(1A)   [Objection cancelled - special grounds]  

An objection must not be cancelled under subsection (1) if:

(a) the objection specifies at least one special ground; and

(b) there is sufficient evidence to support the existence of at least one special ground specified in the objection; and

(c) the bankrupt fails to establish that the bankrupt had a reasonable excuse for the conduct or failure that constituted the special ground.

For this purpose, special ground means a ground specified in paragraph 149D(1) (ab), (d), (da), (e), (f), (g), (h), (ha), (ia), (k) or (ma).

149N(1B)   [Subsequent conduct of bankrupt]  

In applying subsection (1A), no notice is to be taken of any conduct of the bankrupt after the time when the ground concerned first commenced to exist.

149N(2)   [Does not take effect]  

The cancellation does not take effect until:

(a) the end of the period within which an application may be made to the Administrative Appeals Tribunal for the review of the decision of the Inspector-General; or

(b) if such an application is made - the decision of the Tribunal is given.

149N(3)   [Not satisfied as in subsec (1) - must confirm]  

If the Inspector-General is not satisfied as mentioned in subsection (1), the Inspector-General must confirm the decision.

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