Bankruptcy Act 1966
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Hide history noteDiv 4C repealed by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 items 101 and 222, effective 5 May 2003. For additional provision on the commencement of No 131 of 2002, see note under s 33A.
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.
Div 4C formerly read:
Division 4C - Restriction on overseas travel by bankrupt
SECTION 139ZU BANKRUPT WHO IS LIABLE TO PAY CONTRIBUTIONS NOT TO LEAVE AUSTRALIA WITHOUT PERMISSION OF COURTHistoryHeading inserted by No 9 of 1992, s 25.
139ZU(1)
A bankrupt who is liable to pay to the trustee a contribution under subsection 139P(1) or 139Q(1) is not entitled to leave Australia unless, on application made by the bankrupt, the Court has made an order granting the bankrupt permission to leave Australia.HistoryS 139ZU(1) inserted by No 9 of 1992, s 25; amended by No 44 of 1996, Sch 1, Pt 1(261).
139ZU(2)
The Court must not grant permission:
(a) unless it is satisfied that:
(i) it is necessary for the bankrupt to leave Australia in order to continue to derive income; or
(ii) it is appropriate for compassionate reasons relating to the death or serious illness of a close relative of the bankrupt to allow the bankrupt to leave Australia; and
(b) if any payments in respect of the contribution will fall due before the bankrupt proposes to return to Australia - unless it is satisfied that the bankrupt has made those payments or has made arrangements that the Court is satisfied will ensure the making of those payments.HistoryS 139ZU(2) inserted by No 9 of 1992, s 25.
139ZU(3)
The Court must not grant permission if it is satisfied that any of the grounds of objection referred to in paragraphs 149D(1)(b) to (n), inclusive, that may be set out in a notice of objection to the discharge of the bankrupt under section 149B has been established, whether or not such a notice has been filed, or has been filed on that ground.HistoryS 139ZU(3) inserted by No 9 of 1992, s 25.
139ZU(4)
The Court may grant permission to the bankrupt to leave Australia on a particular occasion only, on a specified number of occasions, or on any occasions occurring during a particular period.HistoryS 139ZU(4) inserted by No 9 of 1992, s 25.
SECTION 139ZV HOW APPLICATION FOR PERMISSION IS TO BE MADE
139ZV(1)
An application by the bankrupt for an order under section 139ZU must:
(a) be in writing and filed with the Court; and
(b) set out, or be accompanied by, a statement of the reasons why the bankrupt wishes to leave Australia; and
(c) set out the period or periods during which the bankrupt proposes to be absent from Australia; and
(d) if any payments that the bankrupt is required to make in respect of the contribution have fallen due before the application is made - state whether the bankrupt has made those payments; and
(e) if any payments that the bankrupt is required to make in respect of the contribution will fall due before the bankrupt proposes to return to Australia - state whether the bankrupt has already made those payments or, if those payments have not already been made, explain how the bankrupt proposes to meet his or her liability to make those payments; and
(f) be accompanied by a certificate signed by the trustee stating whether the bankrupt has made all the payments in respect of the contribution that have fallen due and whether the bankrupt has already made all the payments that will fall due before the bankrupt proposes to return to Australia.HistoryS 139ZV(1) inserted by No 9 of 1992, s 25; amended by No 44 of 1996, Sch 1, Pt 1(262).
139ZV(2)
An application is not taken to be duly made unless copies of the application and of any accompanying documents have been given to the trustee.HistoryS139ZV(2) inserted by No 9 of 1992, s 25.
SECTION 139ZW TRUSTEE MAY APPEAR OR BE REPRESENTED AT HEARING OF APPLICATION
139ZW
The trustee is entitled to appear at the hearing of an application, either in person or by solicitor or counsel, and may give evidence and make submissions to the Court.SECTION 139ZX ORDERS MAY CONTAIN CONDITIONSHistoryS 139ZW inserted by No 9 of 1992, s 25.
139ZX(1)
An order by the Court granting permission to a bankrupt to leave Australia may be unconditional or subject to conditions set out in the order.
139ZX(2)
The conditions that may be set out may be conditions to be complied with before the bankrupt leaves Australia or conditions to be complied with while the bankrupt is absent from Australia, or both.
139ZX(3)
Without limiting the nature of the conditions that the Court may impose, those conditions may include conditions as to the countries to be visited or not to be visited by the bankrupt and conditions as to the period or periods of the absence or absences.
SECTION 139ZY APPLICATION MAY BE HEARD BY TELEPHONEHistoryS 139ZX inserted by No 9 of 1992, s 25.
139ZY
Subject to the rules of court, if the applicant so requests and it is practicable to do so, the Court is to conduct the hearing of an application in a way that enables the applicant, and the trustee if he or she so wishes, to participate by telephone.SECTION 139ZZ PROCEDURE FOR APPLICATIONS TO BE PRESCRIBED BY RULES OF COURTHistoryS 139ZY inserted by No 9 of 1992, s 25; amended by No 44 of 1996, Sch 1, Pt 1(263).
139ZZ
The rules of court may make provision with respect to the procedure to be followed in or in connection with the hearing of applications, including:
(a) provision enabling formal procedures to be dispensed with and applications to be determined without undue formalities and as quickly as possible; and
(b) without limiting the application of paragraph (a), provision as to the procedure to be followed in, or in connection with, the hearing of an application that involves the participation of the applicant, or of the applicant and the trustee, by telephone.HistoryS 139ZZ inserted by No 9 of 1992, s 25; amended by No 44 of 1996, Sch 1, Pt 1 (264).
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