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

Schedule 1   Discharge from bankruptcy

Part 2   Application, transitional and validation provisions

Division 3   Alteration of discharge dates

31   Discharge date for bankrupts discharged from bankruptcy before commencement

(1) This item applies in relation to a person who was discharged from bankruptcy before commencement by force of subsection 149(1) of the Bankruptcy Act 1966, as in force at any time during the affected bankruptcy period, if the discharge reference date for the bankruptcy is later than 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 then in force.

Alteration of discharge date

(2) By force of this subitem, the date of the discharge is taken to be, and always to have been, the date on which the person would have been discharged from the bankruptcy had the references in sections 149 and 149A of the Bankruptcy Act 1966, as then in force, to the date on which the bankrupt filed his or her statement of affairs been references to the discharge reference date for the bankruptcy.

(3) However, subitem (2) does not render invalid or ineffective anything done by or in relation to the person, or in relation to the bankruptcy, before commencement on the basis that the date of the discharge was, or would be, the date that would have applied under sections 149 and 149A of the Bankruptcy Act 1966, as in force at any time during the affected bankruptcy period, had subitem (2) not been enacted.

(4) In addition, no action, suit or proceeding (whether civil or criminal) lies against a person in relation to any act or omission that the person did, or omitted to perform, before commencement on that basis.

(5) Subitem (2) does not apply in relation to the person or the bankruptcy if:

(a) on commencement, there is an order of a court in force:

(i) declaring the date of the discharge to be a particular date; or

(ii) otherwise affecting the date of the discharge; or

(b) the bankruptcy is in a class determined under subitem (6).

(6) For the purposes of paragraph (5)(b), the Minister may, by legislative instrument, determine classes of bankruptcies in relation to which subitem (2) does not apply.

Validation

(7) Subitem (8) applies if a thing done, or purportedly done, by or in relation to the person, or in relation to the bankruptcy,before commencement would, apart from this item, be wholly or partly invalid or ineffective only because the thing was done or purportedly done on the basis that the date on which the person 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, was the discharge reference date.

(8) Without limiting subitem (2), the thing done, or purportedly done, is taken for all purposes to be valid and effective, and to have always been valid and effective.

Application of this item to proceedings

(9) For the purposes of applying this item in relation to civil or criminal proceedings, this item applies in relation to:

(a) civil and criminal proceedings instituted on or after commencement; and

(b) civil proceedings, but not criminal proceedings, instituted before commencement, being proceedings that are concluded:

(i) before commencement; or

(ii) on or after commencement.