Commonwealth Consolidated Acts

BANKRUPTCY ACT 1966 - SECT 148

                   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)  the bankrupt, either alone or jointly with any other person, obtained credit to the extent of the relevant amount from the first-mentioned person without informing that person that he or she was an undischarged bankrupt; or

                     (b)  the bankrupt, either alone or jointly with any other person, obtained goods or services from the first-mentioned person:

                              (i)  by giving a bill of exchange or cheque drawn, or a promissory note made, by the bankrupt, either alone or jointly with another person, being a bill, cheque or note under which the relevant amount is payable; or

                             (ii)  by giving 2 or more such instruments under which the total of the amounts payable is equal to the relevant amount;

                            without informing the first-mentioned person that he or she was an undischarged bankrupt; or

                     (c)  the bankrupt, either alone or jointly with any other person, entered into a hire-purchase agreement with the first-mentioned person, or entered into an agreement for the leasing or hiring of any goods from the first-mentioned person, being a hire-purchase agreement or agreement for the leasing or hiring of goods under which the total of the amounts payable is equal to the relevant amount, without informing the first-mentioned person that he or she was an undischarged bankrupt; or

                     (d)  the bankrupt, either alone or jointly with any other person, obtained goods or services from the first-mentioned person by promising to pay that person or another person the relevant amount, or amounts the total of which is equal to the relevant amount, without informing the first-mentioned person that he or she was an undischarged bankrupt; or

                     (e)  the bankrupt, either alone or jointly with any other person, obtained the relevant amount, or amounts the total of which is equal to the relevant amount, from the first-mentioned person by promising to supply goods to, or render services for, that person or another person without informing the first-mentioned person that he or she was an undischarged bankrupt; or

                      (f)  the bankrupt carried on business under an assumed name, in the name of another person or, either alone or in partnership, under a firm name and:

                              (i)  in the course of the carrying on of that business the bankrupt, or, if the bankrupt carried on the business in partnership under a firm name, the partnership, dealt with the first-mentioned person; and

                             (ii)  the bankrupt did not inform the first-mentioned person that he or she was an undischarged bankrupt.