PART VII
-
DISCHARGE AND ANNULMENT
History
Pt VII heading inserted by No 9 of 1992, s 27.
Division 5
-
Annulment of bankruptcy
History
Div 5 heading inserted by No 9 of 1992, s 29.
SECTION 153B
ANNULMENT BY COURT
153B(1)
[Grounds for Court annulment]
If the Court is satisfied that a sequestration order ought not to have been made or, in the case of a debtor
'
s petition, that the petition ought not to have been presented or ought not to have been accepted by the Official Receiver, the Court may make an order annulling the bankruptcy.
History
S 153B(1) inserted by No 9 of 1992, s 29; amended by No 44 of 1996, Sch 1, Pt 1(282).
No 44 of 1996, Sch 1, Pt 2(467) provides:
Despite the amendment made by item 282, the Court may make an order annulling a bankruptcy that resulted from the Registrar in Bankruptcy accepting a debtor
'
s petition.
153B(2)
[Debtor
'
s petition]
In the case of a debtor
'
s petition, the order may be made whether or not the bankrupt was insolvent when the petition was presented.
History
S 153B(2) inserted by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 items 129 and 225, applicable to petitions presented after 5 May 2003. For additional provision on the commencement of No 131 of 2002, see note under s 33A.
153B(3)
The trustee must, before the end of the period of 2 days beginning on the day the trustee becomes aware of the order, give to the Official Receiver a written certificate setting out the former bankrupt
'
s name and bankruptcy number and the date of the annulment.
Penalty: 5 penalty units.
Note:
See also section 277B (about infringement notices).
History
S 153B(3) inserted by No 106 of 2010, Sch 2 item 23, effective 1 December 2010.
No 106 of 2010, Sch 2[84(5)] contains the following application provision:
84 Application
(5)
The amendments made by items 20 and 23 apply in relation to bankruptcies that are annulled on or after the commencement of those items.
153B(4)
[
Strict liability]
Subsection (3) is an offence of strict liability.
Note:
For strict liability, see section 6.1 of the
Criminal Code
.
History
S 153B(4) inserted by No 106 of 2010, Sch 2 item 23, effective 1 December 2010.
No 106 of 2010, Sch 2[84(5)] contains the following application provision:
84 Application
(5)
The amendments made by items 20 and 23 apply in relation to bankruptcies that are annulled on or after the commencement of those items.
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