Bankruptcy Act 1966

PART XIV - OFFENCES

SECTION 272 LEAVING AUSTRALIA WITH INTENT TO DEFEAT CREDITORS ETC.

272(1)

A person who:

(a) within 6 months before the presentation of the petition on or by virtue of which he or she became a bankrupt, left Australia, or did an act preparatory to leaving Australia, with intent to defeat or delay his or her creditors; or

(b) after the presentation of the petition on or by virtue of which he or she became a bankrupt and before he or she became bankrupt, left Australia, or did an act preparatory to leaving Australia, with intent to defeat or delay his or her creditors; or

(ba) (Repealed by No 131 of 2002)

(c) after he or she has become a bankrupt and before he or she is discharged from the bankruptcy, without the consent in writing of the trustee of his or her estate, leaves Australia, or does an act preparatory to leaving Australia;

commits an offence and is punishable, on conviction, if the offence relates to the doing of a thing specified in paragraph (a) or (b), by imprisonment for a period not exceeding 5 years or, in any other case, by imprisonment for a period not exceeding 3 years.

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History

S 272(1) amended by No 4 of 2016, s 3 and Sch 4 items 1 and 33, by substituting " commits " for " is guilty of " , effective 10 March 2016.

S 272(1) amended by No 106 of 2010, Sch 2 item 81, by substituting " if the offence relates to the doing of a thing specified in paragraph (a) or (b), by imprisonment for a period not exceeding 5 years or, in any other case, by imprisonment for a period not exceeding 3 years " for " by imprisonment for a period not exceeding 3 years " , effective 1 December 2010.

S 272 amended by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 items 183, 184 and 222, by repealing para (ba) and omitting " not being a person to whom paragraph (ba) applies, " in para (c), effective 5 May 2003. For additional provision on the commencement of No 131 of 2002, see note under s 33A. Para (ba) formerly read:

(ba) being liable to make a contribution to the trustee under subsection 139P(1) or 139Q(1), leaves Australia, or does an act preparatory to leaving Australia, without the permission of the Court;

Act No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 item 222, contains the following transitional provision:

Despite the amendments made:

(a) Division 4C of Part VI of the Bankruptcy Act continues to have effect:

(i) in relation to permissions granted under that Division before 5 May 2003; and

(ii) in relation to applications that were made to the Court under that Division before 5 May 2003; and

(iii) in relation to permissions granted after 5 May 2003 on applications referred to in subparagraph (ii); and

(b) paragraph 272(c) of the Bankruptcy Act does not apply to anything done by a bankrupt in accordance with a permission referred to in paragraph (a) of this item.

S 272 substituted by No 12 of 1980, s 157; amended by No 9 of 1992, s 47(a), (b) and (c).

272(2)

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The trustee may impose written conditions on a consent given for the purposes of paragraph (1)(c). If the bankrupt is liable to make a contribution to the trustee under section 139P or 139Q , the conditions may include conditions regarding the payment of that contribution.

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272(3)

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If the bankrupt contravenes any condition imposed by the trustee, the bankrupt commits an offence and is punishable, on conviction, by imprisonment for a period not exceeding 1 year.

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