Bankruptcy Regulations 1996

PART 7 - DISCHARGE AND ANNULMENT  

REGULATION 7.01   TRUSTEE TO INFORM THE OFFICIAL RECEIVER OF RETURN OF BANKRUPT TO AUSTRALIA  

7.01(1)    
This regulation applies to a registered trustee who is the trustee of the estate of a bankrupt, if:

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

(b) the bankrupt has returned to Australia; and

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

7.01(2)    
Within 7 days after becoming 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 date on which:

(i) the bankrupt returned; or

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

Penalty: 1 penalty unit

7.01(3)    

An offence against subregulation (2) is an offence of strict liability.

Note:

For strict liability , see section 6.1 of the Criminal Code .