Bankruptcy Amendment (Discharge from Bankruptcy) Act 2023 (94 of 2023)

Schedule 1   Discharge from bankruptcy

Part 1   Amendments

Bankruptcy Act 1966

15   Section 149

Repeal the section, substitute:

149 Automatic discharge

(1) A bankrupt is discharged from bankruptcy, by force of this subsection, at the end of the period of 3 years from whichever of the following dates is applicable:

(a) for a bankruptcy because of a sequestration order - the date the statement of the bankrupt's affairs accepted under subsection 57B(1) was filed;

(b) for a bankruptcy because of a debtor's petition (other than a bankruptcy to which paragraph (c) of this subsection applies) - the date the Official Receiver accepted the debtor's petition;

(c) for a bankruptcy, because of a debtor's petition against a partnership, of a member of the partnership who did not join in presenting the petition - the date the statement of the bankrupt's affairs accepted under subsection 57B(1) was filed.

(2) Subsection (1) applies subject to section 149A (objection to discharge of bankruptcy).

Note: See Part 2 of Schedule 1 to the Bankruptcy Amendment (Discharge from Bankruptcy) Act 2023 for provisions relating to the discharge from bankruptcy of persons that became bankrupt before the commencement of that Part.