Bankruptcy Act 1966
Sections and provisions with full text and the judgments that cite each one.
Section 139ZIN — Other powers of the Court unaffected
The powers conferred on the Court under this Subdivision are in addition to, and not instead of, any other powers of the Court, whether conferred by this Act or otherwise.
Section 139ZN — Charge over property
(1) If a notice under section 139ZL is given to a person to whom this Subdivision applies because the person is liable to transfer, or has received, any property as mentioned in paragraph 139ZK(1)(e)…
Section 139ZIO — Inspector-General may review trustee’s decision
Reviewable decisions (1) The Inspector-General may review a reviewable decision: (a) on the Inspector-General’s own initiative; or (b) if requested to do so by the bankrupt for reasons that appear to…
Section 139ZO — Failure to comply with notice
(1) A person who refuses or fails to comply with a notice under section 139ZL commits an offence punishable upon conviction by imprisonment for a period not exceeding 6 months. (2) If a person is…
Section 139P — Liability of bankrupt to pay contribution
(1) Subject to section 139Q, if the income that a bankrupt is likely to derive during a contribution assessment period as assessed by the trustee under an original assessment exceeds the actual…
Section 139ZIP — Inspector-General may request further information
(1) For the purposes of the exercise of powers in relation to a review, or a request for a review, of a reviewable decision, the Inspector-General may: (a) ask the bankrupt to provide such further…
Section 139ZP — Employer not to dismiss or injure bankrupt because of giving of notice
(1) If a notice under section 139ZL is given to the employer of the bankrupt, the employer must not dismiss the bankrupt, injure the bankrupt in his or her employment, or alter the position of the…
Section 139Q — Change in liability of bankrupt
(1) If the income that a bankrupt is likely to derive, or derived, during a contribution assessment period as assessed by the trustee under a subsequent assessment exceeds the actual income threshold…
Section 139ZQ — Official Receiver may require payment
(1) If a person has received any money or property as a result of a transaction that is void against the trustee of a bankrupt under Division 3, the Official Receiver: (a) if the Official Trustee is…
Section 139R — Liability not affected by subsequent discharge
Any liability of a bankrupt under section 139P or 139Q is not affected by his or her discharge from bankruptcy after the making of the assessment that gave rise to the liability.
Section 139ZIR — Inspector-General’s decision on review
(1) On a review of a reviewable decision, the Inspector-General has all the powers of the trustee and may: (a) confirm the decision; or (b) vary the decision; or (c) set aside the decision; or (d)…
Section 139ZR — Charge over property
(1) If a notice under section 139ZQ is given to a person in respect of any property: (a) the property is charged with the liability of the person to make payments to the trustee as required by the…
Section 139S — Contribution payable by bankrupt
The contribution that a bankrupt is liable to pay in respect of a contribution assessment period is the amount worked out in accordance with the formula: where: Assessed income means the amount…
Section 139ZIS — Inspector-General to notify bankrupt and trustee of decision
(1) If the Inspector-General: (a) reviews a reviewable decision; or (b) refuses a request by a bankrupt for a review of a reviewable decision; the Inspector-General must give written notice to: (c)…
Section 139ZS — 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 139ZQ or by any other interested person, is satisfied that this Subdivision does not apply to the person on…
Section 139T — Determination of higher income threshold in cases of hardship
(1) If: (a) the trustee has made an assessment of a contribution that a bankrupt is liable to pay to the trustee for a contribution assessment period; and (b) the bankrupt considers that, if required…
Section 139ZIT — ART review of 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 reviewable decision; or (b) a decision by the…
Section 139ZT — Failure to comply with notice
(1) A person who refuses or fails to comply with a notice under section 139ZQ commits an offence punishable upon conviction by imprisonment for a period not exceeding 6 months. (2) If a person is…
Section 139U — Bankrupt to provide evidence of income
(1) A bankrupt must, as soon as practicable, and in any event not later than 21 days, after the end of a contribution assessment period, give to the trustee: (a) a statement: (i) setting out…
Section 139ZU — Order relating to rolled-over superannuation interests etc.
(1) If, on application by the trustee of a bankrupt’s estate, the Court is satisfied that: (a) a transaction is void against the trustee of the bankrupt’s estate under section 128B or 128C; and (b)…
Section 139V — Power of trustee to require bankrupt to provide additional evidence
If the trustee has reasonable grounds to suspect that: (a) any particulars set out in the statement given by the bankrupt under subsection 139U(1) are false or misleading in a material respect; or…
Section 139ZV — Enforcement of order
An order by the Court under section 139ZU is enforceable as if it were an order for the payment of money made by the Court when exercising jurisdiction otherwise than under this Act.
Section 139W — Assessment of bankrupt’s income and contribution
(1) As soon as practicable after the start of each contribution assessment period in relation to a bankrupt, the trustee is to make an assessment of the income that is likely to be derived, or was…
Section 139ZW — Definitions
In this Subdivision: contribution has the same meaning as in Subdivision B of Division 3. eligible superannuation plan has the same meaning as in Subdivision B of Division 3. superannuation interest…
Section 139X — Basis of assessments
(1) In making an assessment of the income that is likely to be derived, or was derived, by a bankrupt during a contribution assessment period the trustee may have regard to any information provided…
Section 139Y — Trustee may regard bankrupt as receiving reasonable remuneration
(1) If: (a) the bankrupt is engaging or has engaged during a contribution assessment period in employment or other work or in activities that resemble employment or other work; and (b) the bankrupt…
Section 139Z — If bankrupt claims not to be in receipt of income
(1) If a bankrupt: (a) does not provide information about whether he or she is likely to derive, or derived, income or a particular class of income during a contribution assessment period; or (b)…
Section 140 — Declaration and distribution of dividends
(1) The trustee of the estate of a bankrupt shall, subject to this section, with all convenient speed, declare and distribute dividends amongst the creditors who have proved their debts. (2) Subject…
Section 141 — Joint and separate dividends
Where one partner of a firm becomes bankrupt, a creditor to whom the bankrupt is indebted jointly with the other partners of the firm or any of them shall not receive a dividend out of the separate…
Section 142 — Apportionment of expenses of administration of joint and separate estates
Where joint and separate estates are being administered, the expenses of and incidental to the administration of the estates shall be fairly apportioned by the trustee between the joint and separate…
Section 143 — Provision to be made for creditors residing at a distance etc.
In the calculation and distribution of a dividend, the trustee shall make provision for: (a) debts provable in bankruptcy appearing from the bankrupt’s statement of affairs or otherwise to be due to…
Section 144 — Right of creditor who has not proved debt before declaration of dividend
A creditor who has not proved his or her debt before the declaration of a dividend is entitled to be paid, out of any available money for the time being in the hands of the trustee, dividends that he…
Section 145 — Final dividend
(1) Subject to this section, when the trustee of the estate of a bankrupt has realized all the property of the bankrupt, or so much of it as can, in his or her opinion, be realized without needlessly…
Section 146 — Distribution of dividends where bankrupt fails to file statement of affairs
Where a bankrupt has failed to file a statement of his or her affairs as required by this Act, the Court may, on the application of the trustee, upon such terms as it thinks fit, order that…
Section 147 — No action for dividend
(1) An action for a dividend does not lie against the trustee of the estate of a bankrupt but, if the trustee neglects or refuses to pay a dividend to a creditor, the Court, on the application of the…
Section 148 — Misleading conduct by bankrupt
For the purposes of this Part, a bankrupt is taken to have engaged in misleading conduct in relation to a person in respect of a particular amount (in this section called the relevant amount) if: (a)…
Section 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…
Section 149A — Bankruptcy extended when objection made
(1) If an objection to the discharge of a bankrupt has taken effect in accordance with section 149G, then, unless the objection is withdrawn or cancelled, the bankrupt is taken to be discharged by…
Section 149B — Objection to discharge
(1) Subject to the following provisions of this Subdivision, at any time before a bankrupt is discharged from bankruptcy under section 149, the trustee may file with the Official Receiver a written…
Section 149C — Form of notice of objection
(1) A notice of objection must: (a) set out the ground or each of the grounds of objection, being a ground or grounds set out in subsection 149D(1) but not being a ground or grounds of a previous…
Section 149D — Grounds of objection
(1) The grounds of objection that may be set out in a notice of objection are as follows: (a) the bankrupt has, whether before, on or after the date of the bankruptcy, left Australia and has not…
Section 149F — Copy of notice of objection to be given to bankrupt
(1) As soon as practicable after a notice of objection is filed by the trustee, the trustee must give a copy of the notice to the bankrupt together with a notice to the effect that the bankrupt may…
Section 149G — Date of effect of objection
An objection takes effect at the beginning of the day on which details of the notice of objection are entered in the National Personal Insolvency Index.
Section 149H — Trustee ceasing to object on some grounds
(1) If at any time before a bankrupt is discharged the trustee ceases to object to the discharge on a particular ground, the trustee must give the Official Receiver a notice specifying the ground and…
Section 149J — Withdrawal of objection
(1) If at any time before a bankrupt is discharged the trustee withdraws the objection, the trustee must give the Official Receiver a notice of the withdrawal of the objection and give the bankrupt a…
Section 149K — Internal review of objection
(1) The Inspector-General may review a decision of the trustee to file a notice of objection: (a) on the Inspector-General’s own initiative; or (b) if requested to do so by the bankrupt for reasons…
Section 149M — 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 149N — Decision on review
(1) On a review of a decision, if the Inspector-General is satisfied that: (a) the ground or grounds on which the objection was made was not a ground or were not grounds specified in subsection…
Section 149P — 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, to the trustee…
Section 149Q — Review of 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 of the trustee to file a notice of objection;…