Bankruptcy Act 1966
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View history noteS 269 heading substituted by No 106 of 2010, Sch 2 item 79, effective 1 December 2010.
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
without informing that person that he or she is an undischarged bankrupt or a party to a debt agreement (as the case requires);
(ii) by giving 2 or more such instruments under which the sums payable amount in the aggregate to $ 3,000 or more;
(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).
S 269(1) amended by No 106 of 2010, Sch 2 item 79, effective 1 December 2010, by inserting " or a debtor who is a party to a debt agreement " after " An undischarged bankrupt " ; amended by No 106 of 2010, Sch 2 item 80, effective 1 December 2010, by inserting " or a party to a debt agreement (as the case requires) " after " an undischarged bankrupt " .
No 106 of 2010, Sch 2
[
84
]
contains the following application provision:
84 Application
(19)
The amendments made by items 79 and 80 apply in relation to debt agreements made on or after the commencement of those items.
S 269(1) amended by No 12 of 1980, s 156; No 119 of 1987, s 101; No 9 of 1992, s 46(a).
This section has effect subject to section 304A.
Penalty: Imprisonment for 3 years.
S 269(2) inserted by No 9 of 1992, s 46(b).
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