Bankruptcy Act 1966

PART VII - DISCHARGE AND ANNULMENT

View history note

Division 2 - Discharge by operation of law

View history note

Subdivision A - Discharge after certain period

View history note

SECTION 149 AUTOMATIC DISCHARGE

View history reference

149(1)

View history reference

A bankrupt is discharged from bankruptcy, by force of this subsection, at the end of the period of 3 years from whichever of the following dates is applicable:

(a) for a bankruptcy because of a sequestration order - the date the statement of the bankrupt ' s affairs accepted under subsection 57B(1) was filed;

(b) for a bankruptcy because of a debtor ' s petition (other than a bankruptcy to which paragraph (c) of this subsection applies) - the date the Official Receiver accepted the debtor ' s petition;

(c) for a bankruptcy, because of a debtor ' s petition against a partnership, of a member of the partnership who did not join in presenting the petition - the date the statement of the bankrupt ' s affairs accepted under subsection 57B(1) was filed.

149(2)
Subsection (1) applies subject to section 149A (objection to discharge of bankruptcy).

Note:

See Part 2 of Schedule 1 to the Bankruptcy Amendment (Discharge from Bankruptcy) Act 2023 for provisions relating to the discharge from bankruptcy of persons that became bankrupt before the commencement of that Part.

View history note

History

S 149 substituted by No 94 of 2023, s 3 and Sch 1 item 15, effective 23 November 2023. S 149 formerly read:

SECTION 149 AUTOMATIC DISCHARGE
149(1)
Subject to section 149A, a bankrupt is, by force of this subsection, discharged from bankruptcy in accordance with this section.
View history note

Hide history note

History

S 149(1) amended by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 items 103 and 206, by omitting " unless sooner discharged in accordance with Division 3 " after " by force of this subsection, " , 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.

149(2)
If:

(a) the bankrupt became a bankrupt before the commencement of section 27 of the Bankruptcy Amendment Act 1991 ; and

(b) immediately before the commencement of that section, either:

(i) paragraph 149(3)(c) of the Bankruptcy Act 1966 as amended applied in relation to the bankrupt; or

(ii) an order under subsection 149(8) or (12) of the Bankruptcy Act 1966 as amended was in force in relation to the bankrupt;

the bankrupt is discharged at the end of the period of 3 years from:

(c) the date on which the bankrupt filed his or her statement of affairs; or

(d) the date of commencement of that section;
whichever is the later.

149(3)
If the bankrupt became a bankrupt before the commencement of section 27 of the Bankruptcy Amendment Act 1991 , and subsection (2) does not apply in relation to the bankrupt, the bankrupt is discharged at:

(a) the end of the period of 3 years from the date on which the bankrupt filed his or her statement of affairs; or

(b) the commencement of that section;
whichever is the later.

149(4)
If the bankrupt becomes a bankrupt after the commencement of section 27 of the Bankruptcy Amendment Act 1991 , the bankrupt is discharged at the end of the period of 3 years from the date on which the bankrupt filed his or her statement of affairs.

149(5)
(Omitted by No 44 of 1996, Sch 1, Pt 1(268).)

S 149 substituted by No 9 of 1992, s 27.

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.