Bankruptcy Act 1966

PART XIV - OFFENCES  

SECTION 265   FAILURE OF BANKRUPT OR DEBTOR TO DISCLOSE PROPERTY ETC.  

265(1)    
A bankrupt:

(a) shall fully and truly disclose to the trustee all of the property of the bankrupt, and its value;

(b) shall fully and truly disclose to the trustee particulars of any disposition of property made by him or her within the period of 2 years immediately preceding the date on which he or she became a bankrupt;

(c) shall not refuse or fail to comply with a direction by the trustee to deliver to the trustee property in the possession of the bankrupt, being all or part of the property of the bankrupt;

(ca) shall fully and truly disclose to the trustee such information about any of the bankrupt ' s conduct and examinable affairs as the trustee requires;

(d) shall not refuse or fail to tell the trustee where the books (including books of an associated entity of the bankrupt) relating to the bankrupt ' s examinable affairs may be found;

(e) shall not refuse or fail to comply with a direction by the trustee to deliver to the trustee books (including books of an associated entity of the bankrupt) that are in the possession of the bankrupt and relate to any of the bankrupt ' s examinable affairs;

(f) shall not omit any material particular from a statement relating to any of the bankrupt ' s examinable affairs;

(g) shall, if he or she knows that a person has lodged a proof of debt in the bankruptcy that is false, forthwith inform the trustee of the fact; and

(h) shall give to the trustee a full and proper explanation of any loss or depreciation of any of his or her assets or part of any of his or her assets that occurred within the period of 2 years immediately preceding the date on which he or she became a bankrupt.

Penalty: Imprisonment for 1 year.

265(1A)    

A bankrupt is taken to have complied with paragraph (1)(a), (b) or (ca) if he or she has fully and truly disclosed to the best of his or her knowledge and belief as required by that paragraph.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code ).

265(2)    
A bankrupt shall be deemed to have complied with paragraph (1)(b) in respect of any property if he or she shows that that property has been disposed of in the ordinary way of his or her business or in meeting the ordinary expenses of his or her family.

Note:

See also subsection 5(6) .

265(3)    

A bankrupt shall not, with the intention of obtaining the consent of his or her creditors or any of them to any matter relating to any of the bankrupt ' s examinable affairs, make a false representation or commit any fraud.

Penalty: Imprisonment for 5 years.

265(4)    

A person who, after the presentation of a petition on which, or by virtue of the presentation of which, he or she becomes a bankrupt:

(a) conceals, removes, disposes of or deals with any part of his or her property to the value of $ 20 or more;

(b) conceals a debt due to or by him or her;

(c) conceals, parts with, destroys, mutilates, falsifies, alters or makes a false entry in, or omits a material particular from, a book (including a book of an associated entity of the person) affecting or relating to any of the person ' s examinable affairs;

(d) attempts to account for any part of his or her property by falsely stating that he or she has incurred a loss or expense;

(e) otherwise than in the ordinary way of his or her business, disposes of, or gives security over, property that he or she has obtained on credit and for which he or she has not paid; or

(f) prevents the production of a book (including a book of an associated entity of the person) affecting or relating to any of the person ' s examinable affairs;

commits an offence and is punishable, upon conviction, by imprisonment for a period not exceeding 1 year.

265(5)    

A person who, after the presentation of a petition on which, or by virtue of the presentation of which, he or she becomes a bankrupt, either alone or jointly with another person:

(a) obtains property by fraud; or

(b) incurs any debt or liability by fraud;

commits an offence and is punishable, upon conviction, by imprisonment for a period not exceeding 5 years.

265(6)    
Subsections (4) and (5) extend to an act or omission done or made after the commencement of this Act where the petition was presented before the commencement of this Act but do not apply to an act or omission done or made after the person by whom it was done or made has been discharged from the bankruptcy or after his or her bankruptcy has been annulled.

265(7)    

A person who has become a bankrupt after the commencement of this Act and, within 12 months before the presentation of the petition on which, or by virtue of the presentation of which, he or she became a bankrupt, has done any of the things specified in any of paragraphs (4)(a) to (f) or paragraph (5)(a) or (b), whether before or after the commencement of this Act, commits an offence and is punishable, upon conviction, by imprisonment for a period not exceeding the maximum period of imprisonment applicable to the doing of that thing under subsection (4) or subsection (5), as the case may be.

265(8)    

A person who has become a bankrupt and, within 2 years before he or she became a bankrupt and after the commencement of this Act, has contracted a debt provable in the bankruptcy without having at the time of contracting it any reasonable or probable ground of expectation, after taking into consideration his or her other liabilities (if any), of being able to pay the debt, commits an offence and is punishable, upon conviction, by imprisonment for a period not exceeding 1 year.

265(9)    
It is a defence to a charge under this section (not being a charge under paragraph (1)(c) or (e) or subsection (3), (5) or (8)) if the defendant proves that the act or omission to which the charge relates was done or made without intent to defraud any of his or her creditors.