Bankruptcy Amendment (Discharge from Bankruptcy) Act 2023 (94 of 2023)
Schedule 1 Discharge from bankruptcy
Part 2 Application, transitional and validation provisions
Division 2 Application of the amended Act and amended Regulations
28 Application of the amended Act
Requirement to accept or refuse to accept statement of affairs
(1) The provisions of the amended Act covered by subitem (2) apply in relation to a statement of affairs filed for the purposes of a provision mentioned in any of paragraphs 57B(1)(a) to (e) of the amended Act:
(a) on or after commencement; or
(b) before commencement, if the Official Receiver had not, before commencement:
(i) accepted the statement of affairs for filing; or
(ii) refused to accept for filing the most recent version of the statement of affairs given to the Official Receiver before commencement.
(2) This subitem covers the following provisions of the amended Act:
(a) paragraphs 55(3)(c) and (3AA)(a);
(b) paragraph 56B(4)(c);
(c) paragraph 57(3)(c);
(d) subsection 57B(1).
(3) Subsection 57B(1) of the amended Act applies under subitem (1):
(a) in relation to a statement of affairs filed before commencement - as if the 14 day period referred to in that subsection ran from commencement; and
(b) in any case - subject to the operation of subsections 57B(6) and (7) of the amended Act.
Discharge from bankruptcy
(4) Sections 149 and 149A of the amended Act apply in relation to a bankrupt whose statement of affairs is filed:
(a) on or after commencement; or
(b) before commencement, if the Official Receiver had not, before commencement:
(i) accepted the statement of affairs for filing; or
(ii) refused to accept for filing the most recent version of the statement of affairs given to the Official Receiver before commencement.
Court alteration of dates
(5) Section 33A of the amended Act applies in relation to a bankrupt whose statement of affairs is filed:
(a) on or after commencement; or
(b) before commencement, if the Official Receiver had not, before commencement:
(i) accepted the statement of affairs for filing; or
(ii) refused to accept for filing the most recent version of the statement of affairs given to the Official Receiver before commencement.
Note: For the operation of section 33A of the Bankruptcy Act 1966, as that section applies to persons whose statements of affairs were accepted by the Official Receiver for filing before commencement, see item 32 of this Schedule.
Advising trustee of material changes
(6) Paragraphs 77(1)(bb) and (bc) of the amended Act apply in relation to a bankrupt whose statement of affairs is filed:
(a) on or after commencement; or
(b) before commencement, if the Official Receiver had not, before commencement:
(i) accepted the statement of affairs for filing; or
(ii) refused to accept for filing the most recent version of the statement of affairs given to the Official Receiver before commencement.