Bankruptcy Act 1966

PART IV - PROCEEDINGS IN CONNEXION WITH BANKRUPTCY  

Division 3 - Debtors ' petitions  

SECTION 56F   EXTRA DUTIES OF NON-PETITIONING PARTNERS WHO BECOME BANKRUPTS  

56F(1)    

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A member of a partnership who did not join in presenting a debtor ' s petition against the partnership but became a bankrupt as a result of the acceptance of the petition must give the Official Receiver:

(a)    a statement of the member ' s affairs; and

(b)    a statement of the affairs of the partnership;

within 14 days after the day that the member was notified of his or her bankruptcy.

Penalty: 50 penalty units.

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History

S 56F(1) amended by No 11 of 2016, s 3 and Sch 1 item 22, by substituting " 50 penalty units " for " 25 penalty units " , effective 1 March 2017.

S 56F(1) amended by No 106 of 2010, Sch 2 item 9, by substituting " Penalty: 25 penalty units. " for " Penalty: 5 penalty units. " , effective 1 December 2010.

S 56F(1) amended by No 24 of 2001, s 3 and Sch 5 item 3, by omitting " , unless the member has a reasonable excuse " , after " his or her bankruptcy " . For application provision, see note under s 7A.

56F(1A)    

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Subsection (1) is an offence of strict liability.

Note:

For strict liability , see section 6.1 of the Criminal Code .

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History

S 56F(1A) inserted by No 24 of 2001, s 3 and Sch 5 item 4. For application provision, see note under s 7A.

56F(1B)    

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It is an exception to an offence against subsection (1) if the member has a reasonable excuse.

Note:

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

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History

S 56F(1B) amended by No 94 of 2023, s 3 and Sch 1 item 10, by substituting " It is an exception to an offence against subsection (1) " for " Subsection (1) does not apply " , effective 23 November 2023.

S 56F(1B) inserted by No 24 of 2001, s 3 and Sch 5 item 4. For application provision, see note under s 7A.

56F(2)    
A member of a partnership complies with paragraph (1)(b) if the member and at least one other member of the partnership who did not join in presenting the petition against the partnership jointly give the Official Receiver a statement of the affairs of the partnership.

56F(3)    

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A member of a partnership who must give statements of affairs to the Official Receiver under subsection (1) must give copies of the statements to the trustee in the member ' s bankruptcy.

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History

S 56F(3) amended by No 131 of 2002, s 3 and Sch 1 item 35, by omitting " if the trustee is a registered trustee " after " in the member ' s bankruptcy " , effective 5 May 2003.

S 56F inserted by No 44 of 1996, Sch 1, Pt 1(151).

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