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.
History
S 263C(1) amended by No 80 of 2004, s 3 and Sch 4 item 1, by substituting
"
voting document knowing or reckless that the document
"
for
"
section 64D statement knowing or reckless that the statement
"
, effective 1 December 2004.
263C(2)
In this section:
give
includes cause to be given.
section 64D statement
(Repealed by No 80 of 2004)
History
Definition of
"
section 64D statement
"
repealed by No 80 of 2004, s 3 and Sch 4 item 2, effective 1 December 2004. The definition formerly read:
section 64D statement
means a statement that is:
(a)
described in section 64D, as that section applies of its own force, or as it is applied by another provision of this Act; and
(b)
given to the trustee at or before a meeting called for the purposes of Part IV,IX, X or XI.
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(Repealed by No 44 of 2007)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
.
History
Definition of
"
trustee
"
amended by No 44 of 2007, s 3 and Sch 2 item 77, by repealing para (c), applicable in relation to:
(a) a debt agreement proposal given to the Official Receiver on or after 1 July 2007; and
(b) a debt agreement made as the result of the acceptance of a debt agreement proposal given to the Official Receiver on or after 1 July 2007.
Para (c) formerly read:
(c)
the Official Trustee when the Official Trustee has accepted for processing a debt agreement proposal; or
Definition of
"
trustee
"
amended by No 80 of 2004, s 3 and Sch 1 item 162, by substituting para (e), effective 1 December 2004. For transitional provisions, see note under Part X heading. Para (e) formerly read:
(e)
a trustee of a deed of arrangement, a deed of assignment or a composition under Part X; or
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
.
History
Definition of
"
voting document
"
substituted by No 11 of 2016, s 3 and Sch 1 item 88, applicable in relation to the administration of regulated debtors
'
estates on and after 1 September 2017. The definition formerly read:
voting document
means:
(a)
a statement that is:
(i)
described in section
64D
, as that section applies of its own force, or as it is applied by another provision of this Act; and
(ii)
given to the trustee at or before a meeting called for the purposes of Part
IV
,
X
or
XI
; or
(b)
a form that is:
(i)
described in section
64E
, as that section applies of its own force, or as it is applied by another provision of this Act; and
(ii)
given to the trustee at or before a meeting called for the purposes of Part
IV
,
X
or
XI
.
Definition of
"
voting document
"
amended by No 44 of 2007, s 3 and Sch 2 item 78, by omitting
"
, IX
"
before
"
, X
"
in paras (a)(ii) and (b)(ii), applicable in relation to:
(a) a debt agreement proposal given to the Official Receiver on or after 1 July 2007; and
(b) a debt agreement made as the result of the acceptance of a debt agreement proposal given to the Official Receiver on or after 1 July 2007.
Definition of
"
voting document
"
inserted by No 80 of 2004, s 3 and Sch 4 item 3, effective 1 December 2004.
History
S 263C inserted by No 119 of 1987, s 91(1), effective 13 January 1988; and substituted by No 44 of 1996, Sch 1, Pt 1(415).