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

(daa)    

is filed in accordance with a notice given under subsection 57B(3) ; 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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