Bankruptcy Act 1966
View history note
Hide history notePt VII heading inserted by No 9 of 1992, s 27.
Div 3 repealed by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 items 127 and 206, applicable to bankruptcies for which the date of the bankruptcy is after 5 May 2003. For additional provision on the commencement of No 131 of 2002, see note under s 33A.
Div 3 heading inserted by No 9 of 1992, s 27.
Subdiv E repealed by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 item 127, effective 5 May 2003. For additional provision on the commencement of No 131 of 2002, see note under s 33A. Subdiv E formerly read:
Subdivision E - Procedure following application for discharge
SECTION 149ZF IF APPLICATION GRANTEDHistorySubdiv E heading inserted by No 9 of 1992, s 27.
149ZF(1)
If the trustee determines that the bankrupt is eligible under Subdivision C to apply for early discharge and is not disqualified under Subdivision D from early discharge, the trustee must sign a certificate stating that the bankrupt is discharged from bankruptcy on a date set out in the certificate.HistoryS 149ZF(1) inserted by No 9 of 1992, s 27.
149ZF(2)
The date to be set out is the date on which the trustee signs the certificate.HistoryS 142ZF(2) inserted by No 9 of 1992, s 27.
149ZF(3)
As soon as practicable after signing the certificate, the trustee must:
(a) send a copy of the certificate to the former bankrupt; and
(b) if the trustee is a registered trustee - give the certificate to the Official Receiver.HistoryS 149ZF(3) inserted by No 9 of 1992, s 27; substituted by No 44 of 1996, Sch 1, Pt 1(278).
149ZF(4)
In any proceedings, the certificate is prima facie evidence that the person to whom it relates was discharged from bankruptcy on the date set out in the certificate.HistoryS 149ZF(4) inserted by No 9 of 1992, s 27.
149ZF(5)
In any proceedings, a document purporting to be a certificate signed under subsection (1) is, unless the contrary is established, to be taken to be such a certificate and to have been duly given.HistoryS 149ZF(5) inserted by No 9 of 1992, s 27.
SECTION 149ZG IF APPLICATION REJECTED
149ZG(1)
If the trustee determines that the bankrupt is not eligible under Subdivision C to apply for early discharge or is disqualified under Subdivision D from early discharge, the trustee must give written notice to the bankrupt:
(a) setting out the terms of the determination; and
(b) referring to the evidence or other material on which the determination was made; and
(c) giving the reasons for the determination.
149ZG(2)
The notice must include a statement to the effect that the bankrupt may do either or both of the following:
(a) request the Inspector-General to review the determination;
(b) subject to the Administrative Appeals Tribunal Act 1975 , make an application to the Administrative Appeals Tribunal for a review of the determination.
149ZG(3)
The notice must set out the effect of subsection 149ZH(3).
149ZG(4)
A contravention of this section in relation to a determination does not effect the validity of the determination.
HistoryS 149ZG inserted by No 9 of 1992, s 27.
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