Bankruptcy Act 1966

PART VII - DISCHARGE AND ANNULMENT  

Division 2 - Discharge by operation of law  

Subdivision A - Discharge after certain period  

SECTION 149A   BANKRUPTCY EXTENDED WHEN OBJECTION MADE  

149A(1)    


If an objection to the discharge of a bankrupt has taken effect in accordance with section 149G , then, unless the objection is withdrawn or cancelled, the bankrupt is taken to be discharged by force of subsection 149(1) at the end of the prescribed number of years from the prescribed date.

149A(2)    
For the purposes of subsection (1) :

(a)    

the prescribed number of years is:

(i) if the objection was made on a ground, or on grounds that included a ground, referred to in paragraph 149D(1) (ab), (ac), (ad), (d), (da), (e), (f), (g), (h) (ha), (ia), (k) or (ma) - 8 years; or

(ii) in any other case - 5 years; and

(b)    

the prescribed date is:

(i) if the objection was made on a ground, or on grounds that included a ground, referred to in paragraph 149D(1) (a) or (h) - the date on which the bankrupt returned to Australia; or

(ii) in any other case - the date applicable under whichever of paragraph 149(1)(a) , (b) or (c) applies.

149A(3)    
If the objection is withdrawn or cancelled:

(a)    the objection is taken never to have been made; and

(b)    

if:

(i) the period specified in subsection 149(1) has ended; and

(ii) no other objection against the discharge of the bankrupt is in effect;

(iii) (Repealed by No 131 of 2002).
the bankrupt is taken to be discharged under section 149 immediately the objection is withdrawn or cancelled.

 

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.