Bankruptcy Regulations 2021
This section applies if: (a) a person is discharged from bankruptcy; and (b) immediately before being discharged, the person was liable to pay a contribution to the trustee of the person ' s estate under subsection 139P(1) or 139Q(1) of the Act; and (c) the person has not paid the contribution; and (d) a change occurs to:
(i) the particulars set out in the person ' s statement of affairs in relation to the bankruptcy; or
(ii) the person ' s name; or
(iii) the address of the person ' s principal place of residence.
Note:
Section 139R of the Act provides that any liability of a bankrupt under section 139P or 139Q of the Act is not affected by the bankrupt ' s discharge from bankruptcy after the making of the assessment that gave rise to the liability.
39(2)
The person must: (a) give the trustee written notice of the change; and (b) do so within 2 business days after the change occurs.
39(3)
A person commits an offence if: (a) the person is required to give notice in accordance with subsection (2); and (b) the person fails to comply with the requirement.
Penalty: 10 penalty units.
39(4)
An offence against subsection (3) is an offence of strict liability.
39(5)
For the purposes of subparagraph (1)(d)(ii), a change in the name of a person is taken to occur if the person in fact assumes the use of a different name or an additional name.
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