BANKRUPTCY ACT 1966

PART XIV - OFFENCES  

SECTION 267   FALSE DECLARATION BY DEBTOR OR BANKRUPT  

267(1)  
This section applies to a declaration contained in a statement that:


(a) is filed under paragraph 54(1) (a) or (2) (a); or


(aa) accompanies a declaration presented under section 54A ; or


(b) accompanies a petition presented under paragraph 55(2) (b) or subsection 56B(1) ; or


(c) is filed under paragraph 56F(1) (a) or (b); or


(d) accompanies a petition presented under subsection 57(1) ; or


(da) is given to the Official Receiver under section 77CA ; or


(e) is given to the Official Receiver under:


(i) subsection 185C(2B) ; or

(ii) subsection 185M(1B) ; or

(iii) subsection 185P(1B) ; or


(ea) is given to the Official Receiver under section 185D with a debt agreement proposal; or


(f) is given under subsection 188(2C) or (2D) .

267(2)  


A person must not make a declaration to which this section applies that the person knows to be false.

Penalty: Imprisonment for 12 months.

Presumed maker of declaration in electronic statement

267(3)  


If a declaration is contained in a statement that:


(a) was received by the Official Receiver electronically; and


(b) purported to be made by a particular person;

the declaration is presumed to have been made by the person, in the absence of evidence to the contrary.

267(4)  


Subsection (3) applies whether the statement was filed, accompanied a declaration or petition or was given to the Official Receiver, as described in subsection (1).

267(5)  


Subsection (3) does not affect by implication the operation of a law of the Commonwealth outside this section.



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