Bankruptcy Amendment (Discharge from Bankruptcy) Act 2023 (94 of 2023)

Schedule 1   Discharge from bankruptcy

Part 1   Amendments

Bankruptcy Act 1966

3   Subsections 33A(1) and (2)

Repeal the subsections, substitute:

(1) If the Court is satisfied that a person believed on reasonable grounds that a statement of affairs that relates to the person's bankruptcy was filed for the purposes of section 54, 55, 56B, 56F or 57 at a time before it was actually filed, the Court may order that the statement of affairs is to be treated as having been filed at a time before it was actually filed.

(2) If:

(a) the Court is satisfied that a person believed on reasonable grounds that a debtor's petition that relates to the person's bankruptcy had been presented before it was actually presented; and

(b) the debtor's petition has been accepted by the Official Receiver;

the Court may order that the debtor's petition is to be treated for the purposes of sections 149 and 149A as having been accepted by the Official Receiver at a time before it was actually accepted.