BANKRUPTCY ACT 1966

PART XIV - OFFENCES  

SECTION 269   BANKRUPT OR DEBTOR WHO IS A PARTY TO A DEBT AGREEMENT OBTAINING CREDIT ETC. WITHOUT DISCLOSING BANKRUPTCY OR DEBT AGREEMENT  

269(1)   [Shall not obtain credit etc - $3,000]  

An undischarged bankrupt or a debtor who is a party to a debt agreement shall not:


(a) either alone or jointly with another person, obtain credit to the extent of $3,000 or more from a person without informing that person that he or she is an undischarged bankrupt or a party to a debt agreement (as the case requires);


(aa) either alone or jointly with another person, obtain goods or services from a person:


(i) by giving a bill of exchange or cheque drawn, or a promissory note made, by him or her either alone or jointly with another person, being a bill, cheque or note under which the sum payable is $3,000 or more; or

(ii) by giving 2 or more such instruments under which the sums payable amount in the aggregate to $3,000 or more;
without informing that person that he or she is an undischarged bankrupt or a party to a debt agreement (as the case requires);


(ab) either alone or jointly with another person, enter into a hire-purchase agreement with a person, or enter into a contract or agreement for the leasing or hiring of any goods from a person, being a hire-purchase agreement, contract or agreement under which the amounts payable to that person amount in the aggregate to $3,000 or more, without informing that person that he or she is an undischarged bankrupt or a party to a debt agreement (as the case requires);


(ac) either alone or jointly with another person, obtain goods or services from a person by promising to pay that person or another person an amount of, or amounts aggregating, $3,000 or more without informing that person that he or she is an undischarged bankrupt or a party to a debt agreement (as the case requires);


(ad) either alone or jointly with another person, obtain an amount of, or amounts aggregating, $3,000 or more from a person by promising to supply goods to, or render services for, that person or another person without informing that person that he or she is an undischarged bankrupt or a party to a debt agreement (as the case requires); or


(b) carry on business under an assumed name, in the name of another person or, either alone or in partnership, under a firm name without disclosing to every person with whom he or she or, if he or she is carrying on business in partnership under a firm name, the partnership deals, his or her true name and the fact that he or she is an undischarged bankrupt or a party to a debt agreement (as the case requires).

269(2)   [Subject to s 304A]  

This section has effect subject to section 304A.

Penalty: Imprisonment for 3 years.




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