Bankruptcy Act 1966

PART III - COURTS

Division 2 - Jurisdiction and powers of courts in bankruptcy

SECTION 33A ALTERATION OF FILING DATE FOR STATEMENT OF AFFAIRS

33A(1) [Application]

This section applies to a statement of affairs that was filed for the purposes of section 54 , 55 , 56B , 56F or 57 by a bankrupt, or by a person who later became a bankrupt.

33A(2) [Reasonable grounds]

View history reference

If the Court is satisfied that the person believed, on reasonable grounds, that the statement had already been filed at a time before it was actually filed, the Court may order that the statement is to be treated as having been filed at a time before it was actually filed.

33A(3) [30-day period]

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The Court cannot make an order that would result in the person being discharged from bankruptcy earlier than 30 days after the order is made.

33A(4) [Interpretation]

In this section:

filed
includes presented, lodged or given.

View history note

History

S 33A inserted by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 items 15 and 204, applicable to statements of affairs that are filed at any time, whether before or after 5 May 2003.

Act No 80 of 2004, s 3 and Sch 7 item 3, contained the following provision:

3 Validation of acts
3(1)
For the purposes of this item, a past act is an act or thing that was done on either or both of the following assumptions:

(a) the assumption that the commencing date defined in item 198 of Schedule 1 to the Bankruptcy Legislation Amendment Act 2002 was the date on which that Schedule commenced;

(b) the assumption that the commencing time defined in item 198 of Schedule 1 to the Bankruptcy Legislation Amendment Act 2002 was the time when that Schedule commenced.

3(2)
To avoid doubt, past acts are as valid, and are taken always to have been as valid, as they would have been if:

(a) the commencing date defined in item 198 of Schedule 1 to the Bankruptcy Legislation Amendment Act 2002 had been the date on which that Schedule commenced; and

(b) the commencing time defined in item 198 of Schedule 1 to the Bankruptcy Legislation Amendment Act 2002 had been the time when that Schedule commenced.
Note: Schedule 1 to the Bankruptcy Legislation Amendment Act 2002 commenced on 5 May 2003.

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