Bankruptcy Act. Australia

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СКАЧАТЬ of the petition; and

      (c) the fact that the debt or debts on which the petitioning creditor relies is or are still owing;

      and, if it is satisfied with the proof of those matters, may make a sequestration order against the estate of the debtor.

      (1A) If the Court makes a sequestration order, the creditor who obtained the order must give a copy of it to the Official Receiver before the end of the period of 2 days beginning on the day the order was made.

      Penalty: 5 penalty units.

      Note: See also section 277B (about infringement notices).

      (1B) Subsection (1A) is an offence of strict liability.

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

      (2) If the Court is not satisfied with the proof of any of those matters, or is satisfied by the debtor:

      (a) that he or she is able to pay his or her debts; or

      (b) that for other sufficient cause a sequestration order ought not to be made;

      it may dismiss the petition.

      (3) The Court may, if it thinks fit, upon such terms and conditions as it thinks proper, stay all proceedings under a sequestration order for a period not exceeding 21 days.

      (4) A creditor’s petition lapses at the expiration of:

      (a) subject to paragraph (b), the period of 12 months commencing on the date of presentation of the petition; or

      (b) if the Court makes an order under subsection (5) in relation to the petition — the period fixed by the order;

      unless, before the expiration of whichever of those periods is applicable, a sequestration order is made on the petition or the petition is dismissed or withdrawn.

      (5) The Court may, at any time before the expiration of the period of 12 months commencing on the date of presentation of a creditor’s petition, if it considers it just and equitable to do so, upon such terms and conditions as it thinks fit, order that the period at the expiration of which the petition will lapse be such period, being a period exceeding 12 months and not exceeding 24 months, commencing on the date of presentation of the petition as is specified in the order.

      53 Consolidation of proceedings

      (1) Where 2 or more members of a partnership or 2 or more joint debtors have become bankrupts, the Court may consolidate the proceedings upon such terms as it thinks fit.

      (2) Where the Court makes an order under subsection (1), section 110 applies in the administration under this Act of all of the estates to which the order relates.

      (3) Where the Court makes an order under subsection (1) in relation to the estates of 2 or more bankrupts, the Court may, in the order:

      (a) declare a specified date to be, for the purpose of the application of the provisions of Division 3 of Part VI in the administration of the joint estate, the date on which all the petitions relevant to the administration of those estates shall be deemed to have been presented;

      (b) declare a specified date to be, for that purpose, the date of the bankruptcy in respect of each of those estates; and

      (c) declare a specified time to be, for that purpose, the time that is the commencement of the bankruptcy in respect of all those estates;

      and, if the Court does so, those estates shall be administered accordingly.

      54 Bankrupt’s statement of affairs

      (1) Where a sequestration order is made, the person against whose estate it is made shall, within 14 days from the day on which he or she is notified of the bankruptcy:

      (a) make out and file with the Official Receiver a statement of his or her affairs; and

      (b) furnish a copy of the statement to the trustee.

      Penalty: 25 penalty units.

      (2) Where a sequestration order is made against 2 or more joint debtors (whether partners or not), each of those persons shall (in addition to complying with subsection (1) in relation to his or her affairs), within 14 days from the day on which he or she is notified of the bankruptcy, and either on his or her own account or jointly with another or others of those debtors:

      (a) make out and file in the office of the Official Receiver a statement of the joint affairs of those persons; and

      (b) furnish a copy of the statement to the trustee.

      Penalty: 5 penalty units.

      (3) Subsections (1) and (2) are offences of strict liability.

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

      (4) A person who states in writing that he or she is a creditor of a bankrupt against whom a sequestration order has been made, or a creditor of 2 or more bankrupts against whom the one sequestration order has been made, may without fee, and any other person may on payment of the fee determined by the Minister by legislative instrument, inspect, personally or by an agent, the statement of affairs filed by the bankrupt or the statements of affairs filed by the bankrupts, as the case may be, and may obtain a copy of, or take extracts from, the statement or statements.

      (5) A bankrupt against whom a sequestration order has been made may, without fee and either personally or by an agent:

      (a) inspect the bankrupt’s statement of affairs; or

      (b) obtain a copy of, or take extracts from, the bankrupt’s statement of affairs.

      (6) If the approved form for a statement of affairs indicates that particular information in the statement will not be made available to the public, then the Official Receiver must ensure that the information is not made available under this section to any person (other than the bankrupt or an agent of the bankrupt).

      (7) The Official Receiver may refuse to allow a person access under this section to particular information in a bankrupt’s statement of affairs on the ground that access to that information would jeopardise, or be likely to jeopardise, the safety of any person.

      Division 2A Declaration of intention to present debtor’s petition

      54A Presentation of declaration

      (1) Subject to section 54B, a debtor may present to the Official Receiver a declaration, in the approved form, of the debtor’s intention to present a debtor’s petition.

      (2) A declaration presented by a debtor under this section must be accompanied by a statement of the debtor’s affairs and a copy of that statement.

      54B When debtor disqualified from presenting declaration

      A debtor is not entitled to present a declaration under section 54A:

      (a) when the debtor is not entitled, except with the leave of the Court, to present a petition under section 55;

      (b) СКАЧАТЬ