Commonwealth Consolidated Acts

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BANKRUPTCY ACT 1966 - SECT 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 sequestration order--the date the statement of the bankrupt's affairs accepted under subsection   57B(1) was filed;

  (b)   for a bankruptcy because of a debtor's petition (other than a bankruptcy to which paragraph   (c) of this subsection applies)--the date the Official Receiver accepted the debtor's petition;

  (c)   for a bankruptcy, because of a debtor's petition against a partnership, of a member of the partnership who did not join in presenting the petition--the date the statement of the bankrupt's affairs accepted under subsection   57B(1) was filed.

  (2)   Subsection   (1) applies subject to section   149A (objection to discharge of bankruptcy).

Note:   See Part   2 of Schedule   1 to the Bankruptcy Amendment (Discharge from Bankruptcy) Act 2023 for provisions relating to the discharge from bankruptcy of persons that became bankrupt before the commencement of that Part.


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