Bankruptcy Act 1966

Pt VII heading inserted by No 9 of 1992, s 27.

Div 3 repealed by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 items 127 and 206, applicable to bankruptcies for which the date of the bankruptcy is after 5 May 2003. For additional provision on the commencement of No 131 of 2002, see note under s 33A.

Div 3 heading inserted by No 9 of 1992, s 27.

Subdiv B repealed by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 item 127, effective 5 May 2003. For additional provision on the commencement of No 131 of 2002, see note under s 33A. Subdiv B formerly read:

Subdivision B - Application for early discharge

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History

Subdiv B heading inserted by No 9 of 1992, s 27.

SECTION 149S MAKING OF APPLICATION  
149S(1)
At any time after 6 months from:

(a) the date on which a bankrupt filed his or her statement of affairs; or

(b) the date of commencement of this section;

whichever is the later, the bankrupt may apply in writing to the trustee for early discharge from the bankruptcy.

149S(2)
If the trustee is a registered trustee, the application is not duly made unless a copy of the application has been given to the Official Receiver.

149S(3)
A bankrupt is not entitled to be discharged under this Division unless he or she is eligible under Subdivision C to apply for early discharge and is not disqualified under Subdivision D from early discharge.

149S(4)
The trustee must determine the application as soon as practicable.

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History

S 149S inserted by No 9 of 1992, s 27.