Bankruptcy Act 1966
Sections and provisions with full text and the judgments that cite each one.
Section 251 — Real property devised by will that vests directly in devisee to form part of estate in certain cases
(1) Subject to this section, where an order for the administration of the estate of a deceased person under this Part is made within 12 months after the death of that person, any real property of the…
Section 252 — Liability of legal personal representative
(1) A payment or transfer of property made by the legal personal representative of a deceased person: (a) after service on him or her of a petition under this Part in respect of the estate of that…
Section 252A — Annulment on payment of debts
(1) If the trustee of the estate of a deceased person is satisfied that all the debts of the estate of a deceased person have been paid in full, the order for the administration of the estate under…
Section 252B — Annulment by Court
If the Court is satisfied that an order for the administration of the estate of a deceased person under this Part ought not to have been made, the Court may make an order annulling the administration…
Section 252C — Effect of annulment
(1) If the administration of the estate of a deceased person under this Part is annulled under section 252A or 252B: (a) all sales and dispositions of property and payments duly made, and all acts…
Section 253A — Interpretation
In this Part, the relevant authority, in relation to a stay under a proclaimed law in its application in relation to a person or the estate of a deceased person, means the person administering the…
Section 253B — Law of State or Territory may be proclaimed
Where a law of a State or Territory (including a law that came into operation before the commencement of this section): (a) provides for the giving of financial assistance for the purpose of…
Section 253C — Notice about stay under proclaimed law
The relevant authority may give to the Official Receiver a written notice that a stay under a proclaimed law applies to a person specified in the notice.
Section 253E — Relevant authority may apply for stay of proceedings under certain petitions
(1) If: (a) a creditor’s petition is presented against a person (whether alone or jointly with another person) or against a partnership of which a person is a member; or (b) a debtor’s petition is…
Section 253F — Relevant authority may be heard on application relating to debtor’s petition
(1) The relevant authority may appear and be heard at the hearing of: (a) an application under subsection 55(6A) for leave to present a petition against a debtor in relation to whom a stay applies…
Section 254 — Payment of unclaimed moneys to the Commonwealth
(1) In this section, trustee means: (a) a trustee of the estate of a bankrupt; or (aa) the administrator of a debt agreement; or (b) a trustee of a personal insolvency agreement; or (c) a trustee of…
Section 255 — Record of proceedings or evidence
(1) A transcript or electronic or magnetic recording that purports to be a record of proceedings under section 77C or 81, or of proceedings before a court, is to be taken to be a record of that kind,…
Section 256 — Evidence of matters stated in notices published in Gazette
A copy of the Gazette containing any notice inserted in it in pursuance of this Act is prima facie evidence of the matters stated in the notice.
Section 257 — Evidence of proceedings at meetings of creditors or committee of inspection
The minutes of proceedings at a meeting of creditors or of a committee of inspection under this Act, signed by a person describing himself or herself as, or appearing to have been, chair of the…
Section 258 — Presumption about due convening of meetings etc.
Subject to this Act, unless the contrary is shown: (a) a meeting of creditors or of a committee of inspection in respect of which minutes of proceedings have been signed by a person describing…
Section 262 — Swearing of affidavits
(1) An affidavit to be used for the purposes of this Act may be sworn within the Commonwealth or a Territory before a person authorized to administer oaths for the purposes of the High Court or the…
Section 263 — Concealment etc. of property etc.
(1) A person shall not: (a) with intent to defraud the creditors of: (i) a bankrupt; (ii) a deceased person or the estate of a deceased person; or (iii) a debtor who has executed a personal…
Section 263A — False affidavits
A person who intentionally makes a false statement in an affidavit to be used for the purposes of this Act commits an offence and is punishable: (a) upon summary conviction—by imprisonment for a…
Section 263C — False claims about a creditor’s entitlement to vote
(1) A creditor must not give to the trustee a voting document knowing or reckless that the document is false or misleading in a material particular. Penalty: Imprisonment for 6 months. (2) In this…
Section 264A — Failure of person to attend before the Court etc.
(1) This section applies to a person who: (a) is served, whether before or after the commencement of this subsection, with a summons under this Act to attend for examination under a provision of this…
Section 264B — Arrest of person failing to attend before the Court etc.
(1) Subject to subsection (2), where a person who is served, whether before or after the commencement of this section, with a summons referred to in subsection 264A(1): (a) fails to attend before the…
Section 264C — Refusal to be sworn or give evidence etc.
(1) A person appearing before the Court, the Registrar or a magistrate for the purpose of being examined under this Act, or appearing as a witness before the Court, shall not: (a) refuse or fail to…
Section 264D — Prevarication or evasion in the course of examination
(1) Where a person who is being examined before the Court, the Registrar or a magistrate under this Act is guilty of prevarication or evasion, the person commits an offence punishable upon conviction…
Section 264E — Offences in relation to Registrar or magistrate conducting an examination
(1) A person shall not: (a) insult or disturb a Registrar or magistrate before whom an examination under this Act is being held; (b) interrupt an examination under this Act before a Registrar or…
Section 265 — Failure of bankrupt or debtor to disclose property etc.
(1) A bankrupt: (a) shall fully and truly disclose to the trustee all of the property of the bankrupt, and its value; (b) shall fully and truly disclose to the trustee particulars of any disposition…
Section 265A — Offences relating to exercise of powers under section 77A or 130
(1) A person shall not refuse or fail to comply with a requirement under section 77A or 130. (1A) Subsection (1) does not apply if the person has a reasonable excuse. Note: A defendant bears an…
Section 266 — Disposing or charging of property by person who becomes, or has become, a bankrupt
(1) A person who, after the presentation of a petition on which, or by virtue of the presentation of which, he or she becomes a bankrupt disposes of, or creates a charge on, any property with intent…
Section 267 — False declaration by debtor or bankrupt
(1) This section applies to a declaration contained in a statement that: (a) is filed under paragraph 54(1)(a) or (2)(a); or (aa) accompanies a declaration presented under section 54A; or (b)…
Section 267B — Failure of person to provide information
(1) A person must not refuse or fail to comply with a notice given to the person under subsection 6A(3), subsection 77C(1) or section 77CA or 139V. Penalty: Imprisonment for 12 months. (2) Subsection…
Section 267D — Failure of person to attend
(1) A person who is required by a notice under subsection 77C(1) to attend before the Official Receiver or an authorised officer and to whom an advance is offered in accordance with subsection 77E(1)…
Section 267E — Arrest of person failing to attend before Official Receiver or authorised officer
(1) Subject to subsection (2), if a person who is required by a notice under subsection 77C(1) to attend before the Official Receiver or an authorised officer: (a) fails to attend as required by the…
Section 267F — Refusal to be sworn or give evidence etc.
(1) A person attending before the Official Receiver or an authorised officer as required by a notice under subsection 77C(1) must not: (a) refuse or fail to be sworn or to make an affirmation; or (b)…
Section 267G — Prevarication or evasion in the course of giving evidence
Where a person who is giving evidence before the Official Receiver or an authorised officer as required by a notice under subsection 77C(1) is guilty of prevarication or evasion, the person commits…
Section 268 — Offences in relation to personal insolvency agreements
(1) A debtor shall not knowingly give a false or misleading answer to a question put to him or her at a meeting called under Part X. Penalty: Imprisonment for 1 year. (2) A debtor who has executed a…
Section 269 — Bankrupt or debtor who is a party to a debt agreement obtaining credit etc. without disclosing bankruptcy or debt agreement
(1) An undischarged bankrupt or a debtor who is a party to a debt agreement shall not: (a) either alone or jointly with another person, obtain credit to the extent of $3,000 or more from a person…
Section 270 — Failure to keep proper books of account
(1) A person who has become a bankrupt after the commencement of this Act and: (a) has not kept such books, accounts and records as are usual and proper in any business carried on by him or her and…
Section 271 — Gambling or hazardous speculations
A person who has become a bankrupt after the commencement of this Act and: (a) within 2 years before the presentation of the petition on which, or by virtue of the presentation of which, he or she…
Section 272 — Leaving Australia with intent to defeat creditors etc.
(1) A person who: (a) within 6 months before the presentation of the petition on or by virtue of which he or she became a bankrupt, left Australia, or did an act preparatory to leaving Australia,…
Section 273 — Trial of offences constituted by refusal, failure or omission to act
(1) This section applies to an offence against this Act, a physical element of which is: (a) a refusal, failure or omission to act; or (b) a contravention constituted by a refusal, failure or…
Section 275 — Criminal liability not affected by discharge etc.
A person may be prosecuted for an offence against this Act although: (a) he or she has been discharged from bankruptcy or his or her bankruptcy has been annulled; (b) a composition or a scheme of…
Section 276 — Trustee acting under a personal insolvency agreement that has been set aside
(1) A person who acts as trustee under a personal insolvency agreement that has, to his or her knowledge, been set aside or been terminated is liable, on conviction by the Court or a court of summary…
Section 277 — Punishment of contempt of court
Where by this Act it is provided that a person is guilty of contempt of court, that person may be dealt with by any court having jurisdiction in bankruptcy as if he or she were guilty of a contempt…
Section 277A — Keeping of books in respect of period of bankruptcy
(1) Subject to this section, a bankrupt must: (a) keep books that record and explain any income derived by the bankrupt, record the particulars of any employment of the bankrupt, and record and…
Section 277B — Infringement notices for offences
(1) The regulations may make provision in relation to enabling a person who is alleged to have committed an offence of a kind referred to in the table in subsection (2) to pay to the Commonwealth, as…
Section 278 — Interpretation
In this Part: Estate Charges Act means the Bankruptcy (Estate Charges) Act 1997. interest charge means charge imposed by Part 2 of the Estate Charges Act. late payment penalty means penalty payable…
Section 279 — Administration of, and powers and functions in relation to, the Charges Acts
(1) The Inspector-General has the general administration of the Estate Charges Act. (2) A reference to “this Act” in section 12 or 77AA of this Act is taken to include a reference to the Estate…
Section 280 — Deferred payment of interest charge or realisations charge
(1) A person may defer the payment of an amount of interest charge relating to a particular trustee account if: (a) the total amount of interest charge that the person is liable to pay in respect of…
Section 281 — Late payment penalty—interest charge and realisations charge
(1) If any interest charge or realisations charge remains unpaid after the time for payment of the charge, the person liable to pay the charge is liable to pay to the Commonwealth a late payment…
Section 282 — Extension of time for payment—interest charge and realisations charge
(1) The Inspector-General may, in a particular case, extend the time for payment of interest charge or realisations charge. (2) The following provisions apply in relation to extensions of time under…
Section 283 — Remission of interest charge, realisations charge and late payment penalty
(1) The Inspector-General may remit an amount of interest charge, realisations charge or late payment penalty that is payable but has not been paid if the Inspector-General thinks that: (a) failure…