BANKRUPTCY ACT 1966

PART VII - DISCHARGE AND ANNULMENT  

Division 5 - Annulment of bankruptcy  

SECTION 153B   ANNULMENT BY COURT  

153B(1)   [Grounds for Court annulment]  

If the Court is satisfied that a sequestration order ought not to have been made or, in the case of a debtor ' s petition, that the petition ought not to have been presented or ought not to have been accepted by the Official Receiver, the Court may make an order annulling the bankruptcy.

153B(2)   [Debtor ' s petition]  

In the case of a debtor ' s petition, the order may be made whether or not the bankrupt was insolvent when the petition was presented.

153B(3)  


The trustee must, before the end of the period of 2 days beginning on the day the trustee becomes aware of the order, give to the Official Receiver a written certificate setting out the former bankrupt ' s name and bankruptcy number and the date of the annulment.

Penalty: 5 penalty units.

Note:

See also section 277B (about infringement notices).

153B(4)   [ Strict liability]  

Subsection (3) is an offence of strict liability.

Note:

For strict liability, see section 6.1 of the Criminal Code .




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