BANKRUPTCY ACT 1966

PART XIV - OFFENCES  

SECTION 263C   FALSE CLAIMS ABOUT A CREDITOR ' S ENTITLEMENT TO VOTE  

263C(1)  


A creditor must not give to the trustee a voting document knowing or reckless that the document is false or misleading in a material particular.

Penalty: Imprisonment for 6 months.

263C(2)  


In this section:

give
includes cause to be given.

section 64D statement
(Repealed by No 80 of 2004)

trustee
means:


(a) a trustee in a bankruptcy; or


(b) a trustee of a composition or scheme of arrangement under Division 6 of Part IV ; or


(c) (Repealed by No 44 of 2007)


(d) a controlling trustee as defined in Part X ; or


(e) a trustee of a personal insolvency agreement under Part X ; or


(f) a trustee of an estate being administered under Part XI .

voting document
means:


(a) a statement:


(i) relating to the amount in respect of which the creditor claims that the bankrupt is indebted to the creditor, the value of the consideration that the creditor gave for any assignment of a debt the bankrupt owes to the creditor, or whether the creditor holds a security interest in respect of the debt; and

(ii) that is given to the trustee at or before a meeting called for the purposes of Part IV , X or XI or Schedule 2 ; or


(b) a form:


(i) relating to the appointment of a person to represent the creditor at a meeting as the creditor ' s proxy; and

(ii) that is given to the trustee at or before a meeting called for the purposes of Part IV , X or XI or Schedule 2 .




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