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

Schedule 1   Discharge from bankruptcy

Part 2   Application, transitional and validation provisions

Division 1   Definitions

27   Definitions

In this Part:

affected bankruptcy period means the period:

(a) starting on 1 July 1992 (the day section 27 of the Bankruptcy Amendment Act 1991 commenced); and

(b) ending on the day before commencement.

amended Act means the Bankruptcy Act 1966, as amended by Part 1 of this Schedule.

amended Regulations means the Bankruptcy Regulations 2021, as amended by Part 1 of this Schedule.

commencement means the commencement of this item.

discharge reference date for a bankruptcy means:

(a) unless paragraph (b) or (c) applies:

(i) for a bankruptcy because of a sequestration order - the date of filing of the version of the statement of the bankrupt's affairs that the Official Receiver accepted for filing; or

(ii) for a bankruptcy because of a debtor's petition (other than a bankruptcy to which subparagraph (iii) applies) - the date the Official Receiver accepted the debtor's petition; or

(iii) for a bankruptcy, because of a debtor's petition against a partnership, of a member of the partnership who did not join in presenting the petition - the date of filing of the version of the statement of the bankrupt's affairs that the Official Receiver accepted for filing; or

(b) if there is in force an order of a court made before commencement:

(i) declaring the date on which the statement of the bankrupt's affairs was filed with Official Receiver to be a particular date; or

(ii) ordering that the statement of the bankrupt's affairs be treated as having been filed with the Official Receiver at a time before it was actually filed; or

(iii) otherwise affecting the date on which the bankrupt filed his or her statement of affairs for the purposes of sections 149 and 149A of the Bankruptcy Act 1966, as in force at any time during the affected bankruptcy period;

the date applicable under that order; or

(c) if there is in force an order of a court, made on or after commencement, that the person's discharge reference date is to be treated as having been a date that is earlier than the date that would otherwise apply (see item 32) - the date applicable under that order.

do a thing includes:

(a) make, or refuse to make, a decision (however described and whether or not under a law); and

(b) exercise a power, perform a function, comply with an obligation or discharge a duty; and

(c) refuse to do a thing covered by paragraph (b); and

(d) enter into, or refuse to enter into, an agreement or transaction (however described); and

(e) do, or refuse to do, anything else;

and purport to do a thing has a corresponding meaning.

Official Receiver includes:

(a) an Official Receiver within the meaning of the Bankruptcy Act 1966, as in force at any time during the affected bankruptcy period; and

(b) a Registrar in Bankruptcy, or a Deputy Registrar in Bankruptcy, within the meaning of the Bankruptcy Act 1966, as in force at any time during the affected bankruptcy period; and

(c) an authorised employee; and

(d) an officer (within the meaning of the Bankruptcy Act 1966, as in force at any time during the affected bankruptcy period) with duties that include supporting:

(i) an Official Receiver covered by paragraph (a) of this definition; or

(ii) a Registrar in Bankruptcy, or a Deputy Registrar in Bankruptcy, covered by paragraph (b) of this definition;

in the performance of their functions, or in the exercise of their powers, under the Bankruptcy Act 1966.