Bankruptcy Act 1966
Sections and provisions with full text and the judgments that cite each one.
Section 136 — Right to pay off mortgages
(1) Where any property of the bankrupt is subject to a mortgage, the trustee may, upon giving 6 months’ notice in writing to the mortgagee of his or her intention to do so or upon paying 6 months’…
Section 137 — Right of trustee to inspect goods held as security
(1) Where goods of a bankrupt are held by a person by way of security, the trustee may, after giving notice in writing of his or her intention to do so, inspect the goods. (2) Where notice has been…
Section 138 — Limitation of trustee’s power in respect of copyright, patents etc.
(1) Where: (a) the property of a bankrupt includes rights in respect of industrial property; and (b) the bankrupt is liable to pay royalties or a share of profits to a person in respect of those…
Section 139 — Protection of trustee from personal liability in certain cases
(1) Where: (a) the trustee has seized or disposed of any goods in the possession or on the premises of a bankrupt without notice of any claim by any person in respect of those goods; and (b) the…
Section 139A — Trustee may apply to Court
The trustee of a bankrupt’s estate may, at any time within 6 years after the date of the bankruptcy, apply to the Court for an order under this Division in relation to an entity (in this Division…
Section 139CA — Definition of examinable period
(1) For the purposes of this Division, the examinable period is: (a) in the case of an application for an order in relation to a related entity of the bankrupt—the period beginning: (i) if, at a time…
Section 139DA — Order relating to property of natural person
If, on an application under section 139A for an order in relation to a respondent entity that is a natural person, the Court is satisfied that: (a) during the examinable period, the entity acquired…
Section 139EA — Order relating to increase in value of property of natural person
If, on an application under section 139A for an order in relation to a respondent entity that is a natural person, the Court is satisfied that: (a) during the examinable period, the value of the…
Section 139WA — No time limit on making assessment
(1) An assessment under section 139W (including a fresh assessment referred to in subsection 139W(2)) for a contribution assessment period may be made at any time, including: (a) a time after the end…
Section 139ZA — Internal review of assessment
(1) The Inspector-General may review a decision of a trustee to make an assessment: (a) on the Inspector-General’s own initiative; or (b) if requested to do so by the bankrupt for reasons that appear…
Section 139ZIA — Objects
The objects of this Subdivision are: (a) to improve the likelihood that a bankrupt will have sufficient money to pay contributions or instalments of contributions; and (b) to ensure that all monetary…
Section 139ZIDA — When determination ceases to be in force
Annulment (1) If: (a) a determination is in force under subsection 139ZIC(1) in relation to a bankrupt; and (b) the bankruptcy is annulled; the determination ceases to be in force on the date of the…
Section 139ZIEA — New supervised account
(1) If a bankrupt is a bankrupt to whom the supervised account regime applies, the trustee may: (a) by written notice given to the bankrupt, revoke a supervised account notice relating to the…
Section 139ZIHA — Non-monetary income receipt arrangements
Bankrupt not to enter into new arrangements (1) A bankrupt to whom the supervised account regime applies must not enter into a non-monetary income receipt arrangement. (2) Subsection (1) does not…
Section 139ZIIA — Keeping of books
If: (a) a person is a bankrupt to whom the supervised account regime applies; and (b) the person has been discharged from the bankruptcy; section 277A applies in relation to the person as if: (c) the…
Section 139B — Application to be served on respondent entity
An applicant under section 139A: (a) shall serve the application on the respondent entity; and (b) may serve the application on any other person or entity.
Section 139ZIB — Definitions
In this Subdivision: bankrupt includes a person who has been discharged from bankruptcy. bankrupt to whom the supervised account regime applies means a bankrupt in respect of whom a determination…
Section 139C — Who may appear at hearing
At the hearing of an application under section 139A: (a) the respondent entity may; and (b) any other person or entity may, with the leave of the Court; appear, adduce evidence and make submissions.
Section 139ZC — Inspector-General may request further information
(1) For the purposes of the exercise of powers under this Subdivision, the Inspector-General may: (a) ask the bankrupt to provide such further information, either orally or in writing, in support of…
Section 139ZIC — Trustee may determine that the supervised account regime applies to the bankrupt
(1) The trustee of a bankrupt’s estate may, by written notice given to the bankrupt, determine that the supervised account regime applies to the bankrupt. (2) The trustee must not make a…
Section 139D — Order relating to property of entity other than a natural person
(1) Where, on an application under section 139A for an order in relation to a respondent entity other than a natural person, the Court is satisfied that: (a) the bankrupt supplied personal services…
Section 139ZD — Decision on review
On a review of a decision, the Inspector-General has all the powers of the trustee and may either: (a) confirm the decision; or (b) set aside the decision and make a fresh assessment under subsection…
Section 139ZID — Revocation of determination
(1) If a determination is in force under subsection 139ZIC(1) in relation to a bankrupt, the trustee may, by written notice given to the bankrupt, revoke the determination. (2) The trustee must not…
Section 139E — Order relating to net worth of entity other than a natural person
(1) Where, on an application under section 139A for an order in relation to a respondent entity other than a natural person, the Court is satisfied that: (a) the bankrupt supplied personal services…
Section 139ZE — Inspector-General to notify bankrupt and trustee of decision
(1) If the Inspector-General: (a) reviews a decision; or (b) refuses a request by a bankrupt for a review of a decision; the Inspector-General must give written notice, to the bankrupt and the…
Section 139ZIE — Bankrupt must open and maintain supervised account
Supervised account notice (1) For the purposes of this Subdivision, a supervised account notice is a written notice that is issued by the trustee of a bankrupt’s estate and that: (a) requires the…
Section 139F — Court to take account of interests of other persons
(1) In considering whether or not to make under section 139D or 139DA a particular order relating to property in which the respondent entity has an estate, the Court shall take account of: (a) the…
Section 139ZF — Review of assessment decisions
An application may be made to the Administrative Review Tribunal for the review of: (a) a decision of the Inspector-General on the review of a decision by a trustee to make an assessment; or (b) a…
Section 139ZIF — Bankrupt’s monetary income to be deposited to supervised account
(1) A bankrupt to whom the supervised account regime applies must ensure that all monetary income actually received by the bankrupt after the opening of the supervised account is deposited to the…
Section 139G — Giving effect to orders under this Division
(1) Where: (a) the Court makes an order under section 139D or 139DA vesting in a person an estate in property; and (b) a law of the Commonwealth, of a State or of a Territory requires the creation,…
Section 139ZG — Payment of contribution
(1) Subject to subsection 139ZI(3), a contribution that a person is liable to pay under subsection 139P(1) or 139Q(1) is payable at such time as the trustee determines or, if the trustee permits the…
Section 139ZIG — Trustee to supervise withdrawals from supervised account
General prohibition on withdrawals (1) A bankrupt to whom the supervised account regime applies must not: (a) make a withdrawal from the supervised account; or (b) authorise the making of a…
Section 139H — Entity entitled to claim in bankruptcy
(1) Where, on an application under section 139A, the Court makes an order under section 139D or 139DA vesting in the applicant an estate in property, or an order under section 139E or 139EA directing…
Section 139ZH — If excess contribution paid
(1) If: (a) a person has paid an amount in respect of the contribution that the person was assessed to be liable to pay in respect of a contribution assessment period; and (b) as a result of a…
Section 139ZIH — Constructive income receipt arrangements
Bankrupt not to enter into new arrangements (1) A bankrupt to whom the supervised account regime applies must not enter into a constructive income receipt arrangement. (2) Subsection (1) does not…
Section 139ZI — Notice of determinations
(1) If the trustee makes a determination under section 139ZG in respect of a person, the trustee must give to the person written notice setting out particulars of the determination. (2) A notice…
Section 139ZII — Cash income
(1) A bankrupt to whom the supervised account regime applies must not receive income in the form of cash. (2) Subsection (1) does not apply if the income was received in accordance with the consent…
Section 139J — Objects of Division
The objects of this Division are: (a) to require a bankrupt who derives income during the bankruptcy to pay contributions towards the bankrupt’s estate; and (b) to enable the recovery of certain…
Section 139ZIJ — Injunctions
Restraining injunctions (1) If a bankrupt has engaged, is engaging or is proposing to engage, in any conduct in contravention of this Subdivision, the Court may, on the application of the trustee,…
Section 139ZJ — Definition
In this Subdivision: bankrupt includes a person who has been discharged from bankruptcy.
Section 139K — Definitions
In this Division, unless the contrary intention appears: actual income threshold amount, at the time an assessment is made in relation to a contribution assessment period, means: (a) if the bankrupt…
Section 139ZIK — Interim injunctions
Grant of interim injunction (1) If an application is made to the Court for an injunction under section 139ZIJ, the Court may, before considering the application, grant an interim injunction…
Section 139ZK — Persons to whom Subdivision applies
(1) This Subdivision applies to a person: (a) from whom any money is due or accruing, or may become due, to a bankrupt; or (b) who holds, or may subsequently hold, money for or on account of a…
Section 139L — Meaning of income
(1) In this Division: income, in relation to a bankrupt, has its ordinary meaning, subject to the following qualifications: (a) the following are income in relation to a bankrupt (whether or not they…
Section 139ZIL — Discharge etc. of injunctions
The Court may discharge or vary an injunction granted under this Subdivision.
Section 139ZL — Official Receiver may require persons to make payments
(1) If a bankrupt is liable to pay to the trustee a contribution under section 139P or 139Q, the Official Receiver: (a) if the Official Trustee is the trustee—on the initiative of the Official…
Section 139M — Derivation of income
(1) Income is taken to be derived by a bankrupt for the purposes of this Division even though it is not actually received by the bankrupt because: (a) an amount is deducted from it, or it is wholly…
Section 139ZIM — Certain limits on granting injunctions not to apply
Restraining injunctions (1) The power of the Court under this Subdivision to grant an injunction restraining a bankrupt from engaging in conduct of a particular kind may be exercised: (a) if the…
Section 139ZM — Power of Court to set aside notice
(1) If the Court, on application by a person to whom a notice has been given under section 139ZL or by any other interested person, is satisfied that this Subdivision does not apply to the person on…
Section 139N — Income varied by income tax payments and refunds and child support payments
(1) The income that is likely to be derived, or was derived, by a bankrupt during a contribution assessment period: (a) is taken to be reduced by: (i) any amount that the bankrupt pays or is likely…