PART XIV
-
OFFENCES
SECTION 267
FALSE DECLARATION BY DEBTOR OR BANKRUPT
267(1)
This section applies to a declaration contained in a statement that:
(a)
is filed under paragraph
54(1)
(a) or
(2)
(a); or
(aa)
accompanies a declaration presented under section
54A
; or
(b)
accompanies a petition presented under paragraph
55(2)
(b) or subsection
56B(1)
; or
(c)
is filed under paragraph
56F(1)
(a) or (b); or
(d)
accompanies a petition presented under subsection
57(1)
; or
(daa)
is filed in accordance with a notice given under subsection
57B(3)
; or
(da)
is given to the Official Receiver under section
77CA
; or
(e)
is given to the Official Receiver under:
(i)
subsection
185C(2B)
; or
(ii)
subsection
185M(1B)
; or
(iii)
subsection
185P(1B)
; or
(ea)
is given to the Official Receiver under section
185D
with a debt agreement proposal; or
(f)
is given under subsection
188(2C)
or
(2D)
.
History
S 267(1) amended by No 94 of 2023, s 3 and Sch 1 item 19, by inserting para (daa), effective 23 November 2023.
S 267(1) amended by No 106 of 2010, Sch 2 item 74, effective 1 December 2010, by inserting para (da).
S 267(1) amended by No 106 of 2010, Sch 4 item 12, effective 1 December 2010, by inserting para (aa).
No 106 of 2010, Sch 4[13] contains the following application provision:
13 Application
The amendments made by items 5, 6, 8, 10 and 12 apply in relation to declarations presented under section 54A of the
Bankruptcy Act 1966
on or after the commencement of those items.
S 267(1) amended by No 44 of 2007, s 3 and Sch 2 item 79, by substituting paras (e) and (ea) for para (e), applicable in relation to:
(a) a debt agreement proposal given to the Official Receiver on or after 1 July 2007; and
(b) a debt agreement made as the result of the acceptance of a debt agreement proposal given to the Official Receiver on or after 1 July 2007.
Para (e) formerly read:
(e)
is given to the Official Trustee under section
185D
with a debt agreement proposal; or
S 267(1) amended by No 80 of 2004, s 3 and Sch 1 item 163, by substituting
"
under subsection 188(2C) or (2D)
"
for
"
to the controlling trustee under section 188A
"
in para (f), effective 1 December 2004. For transitional provisions, see note under Part X heading.
S 267(1) substituted by No 9 of 1992, s 45; amended by No 44 of 1996, Sch 1, Pt 1(419).
267(2)
A person must not make a declaration to which this section applies that the person knows to be false.
Penalty: Imprisonment for 12 months.
History
S 267(2) amended by No 106 of 2010, Sch 2 item 75, effective 1 December 2010, by substituting
"
make
"
for
"
sign
"
.
No 106 of 2010, Sch 2[84] contains the following application provision:
84 Application
(18)
The amendment made by item 75 applies in relation to declarations made on or after the commencement of that item.
S 267 substituted by No 9 of 1992, s 45.
Presumed maker of declaration in electronic statement
267(3)
If a declaration is contained in a statement that:
(a)
was received by the Official Receiver electronically; and
(b)
purported to be made by a particular person;
the declaration is presumed to have been made by the person, in the absence of evidence to the contrary.
History
S 267(3) inserted by No 113 of 2015, s 3 and Sch 1 item 14, applicable in relation to statements received electronically on or after 18 August 2015.
267(4)
Subsection
(3)
applies whether the statement was filed, accompanied a declaration or petition or was given to the Official Receiver, as described in subsection
(1)
.
History
S 267(4) inserted by No 113 of 2015, s 3 and Sch 1 item 14, effective 18 August 2015.
267(5)
Subsection
(3)
does not affect by implication the operation of a law of the Commonwealth outside this section.
History
S 267(5) inserted by No 113 of 2015, s 3 and Sch 1 item 14, effective 18 August 2015.
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