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Bankruptcy Act 1966

PART III - COURTS

Division 2 - Jurisdiction and powers of courts in bankruptcy

SECTION 33A ALTERATION OF DATES RELATING TO STATEMENTS OF AFFAIRS AND DEBTOR ' S PETITIONS

33A(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.

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33A(2)

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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.

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33A(3)

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The Court cannot make an order under subsection (1) or (2) that would result in the person being discharged from bankruptcy earlier than 30 days after the order is made.

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33A(4)
In this section:

filed
includes presented, lodged or given.

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History

S 33A inserted by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 items 15 and 204, applicable to statements of affairs that are filed at any time, whether before or after 5 May 2003.

Act No 80 of 2004, s 3 and Sch 7 item 3, contained the following provision:

3 Validation of acts
3(1)
For the purposes of this item, a past act is an act or thing that was done on either or both of the following assumptions:

(a) the assumption that the commencing date defined in item 198 of Schedule 1 to the Bankruptcy Legislation Amendment Act 2002 was the date on which that Schedule commenced;

(b) the assumption that the commencing time defined in item 198 of Schedule 1 to the Bankruptcy Legislation Amendment Act 2002 was the time when that Schedule commenced.

3(2)
To avoid doubt, past acts are as valid, and are taken always to have been as valid, as they would have been if:

(a) the commencing date defined in item 198 of Schedule 1 to the Bankruptcy Legislation Amendment Act 2002 had been the date on which that Schedule commenced; and

(b) the commencing time defined in item 198 of Schedule 1 to the Bankruptcy Legislation Amendment Act 2002 had been the time when that Schedule commenced.
Note: Schedule 1 to the Bankruptcy Legislation Amendment Act 2002 commenced on 5 May 2003.

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