Bankruptcy Regulations 2021

PART 7 - DISCHARGE AND ANNULMENT  

SECTION 44   TRUSTEE TO INFORM OFFICIAL RECEIVER OF RETURN OF BANKRUPT TO AUSTRALIA  

44(1)    
This section applies if:

(a)    an objection to the discharge of a bankrupt has been made on a ground, or on grounds that include a ground, mentioned in paragraph 149D(1)(a) or (h) of the Act (which refer to the bankrupt being out of Australia); and

(b)    the bankrupt returns to Australia; and

(c)    the trustee of the bankrupt ' s estate is a registered trustee; and

(d)    the registered trustee becomes aware that the bankrupt has returned to Australia.

44(2)    
Within 5 business days after the day that the registered trustee becomes aware that the bankrupt has returned to Australia, the registered trustee must give notice in writing to the Official Receiver stating:

(a)    that the bankrupt has returned to Australia; and

(b)    the day on which:

(i) the bankrupt returned; or

(ii) if the trustee does not know the day on which the bankrupt returned - the trustee became aware that the bankrupt had returned.

44(3)    
A person commits an offence if:

(a)    the person is required to give notice in accordance with subsection (2); and

(b)    the person fails to comply with the requirement.

Penalty: 1 penalty unit.

44(4)    
An offence against subsection (3) is an offence of strict liability.