Commonwealth Consolidated Acts

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BANKRUPTCY ACT 1966 - SECT 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, with intent to defeat or delay his or her creditors; or

  (b)   after the presentation of the petition on or by virtue of which he or she became a bankrupt and before he or she became bankrupt, left Australia, or did an act preparatory to leaving Australia, with intent to defeat or delay his or her creditors; or

  (c)   after he or she has become a bankrupt and before he or she is discharged from the bankruptcy, without the consent in writing of the trustee of his or her estate, leaves Australia, or does an act preparatory to leaving Australia;

commits an offence and is punishable, on conviction, if the offence relates to the doing of a thing specified in paragraph   (a) or (b), by imprisonment for a period not exceeding 5 years or, in any other case, by imprisonment for a period not exceeding 3 years.

  (2)   The trustee may impose written conditions on a consent given for the purposes of paragraph   (1)(c). If the bankrupt is liable to make a contribution to the trustee under section   139P or 139Q, the conditions may include conditions regarding the payment of that contribution.

  (3)   If the bankrupt contravenes any condition imposed by the trustee, the bankrupt commits an offence and is punishable, on conviction, by imprisonment for a period not exceeding 1 year.


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