Commonwealth Consolidated Acts

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Annulment by Court

  (1)   If the Court is satisfied that a sequestration order ought not to have been made or, in the case of a debtor's petition, that the petition ought not to have been presented or ought not to have been accepted by the Official Receiver, the Court may make an order annulling the bankruptcy.

  (2)   In the case of a debtor's petition, the order may be made whether or not the bankrupt was insolvent when the petition was presented.

  (3)   The trustee must, before the end of the period of 2 days beginning on the day the trustee becomes aware of the order, give to the Official Receiver a written certificate setting out the former bankrupt's name and bankruptcy number and the date of the annulment.

Penalty:   5 penalty units.

Note:   See also section   277B (about infringement notices).

  (4)   Subsection   (3) is an offence of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .

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