Commonwealth Consolidated Acts

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BANKRUPTCY ACT 1966 - SECT 269

Bankrupt or debtor who is a party to a debt agreement obtaining credit etc. without disclosing bankruptcy or debt agreement

  (1)   An undischarged bankrupt or a debtor who is a party to a debt agreement shall not:

  (a)   either alone or jointly with another person, obtain credit to the extent of $3,000 or more from a person without informing that person that he or she is an undischarged bankrupt or a party to a debt agreement (as the case requires);

  (aa)   either alone or jointly with another person, obtain goods or services from a person:

  (i)   by giving a bill of exchange or cheque drawn, or a promissory note made, by him or her either alone or jointly with another person, being a bill, cheque or note under which the sum payable is $3,000 or more; or

  (ii)   by giving 2 or more such instruments under which the sums payable amount in the aggregate to $3,000 or more;

    without informing that person that he or she is an undischarged bankrupt or a party to a debt agreement (as the case requires);

  (ab)   either alone or jointly with another person, enter into a hire - purchase agreement with a person, or enter into a contract or agreement for the leasing or hiring of any goods from a person, being a hire - purchase agreement, contract or agreement under which the amounts payable to that person amount in the aggregate to $3,000 or more, without informing that person that he or she is an undischarged bankrupt or a party to a debt agreement (as the case requires);

  (ac)   either alone or jointly with another person, obtain goods or services from a person by promising to pay that person or another person an amount of, or amounts aggregating, $3,000 or more without informing that person that he or she is an undischarged bankrupt or a party to a debt agreement (as the case requires);

  (ad)   either alone or jointly with another person, obtain an amount of, or amounts aggregating, $3,000 or more from a person by promising to supply goods to, or render services for, that person or another person without informing that person that he or she is an undischarged bankrupt or a party to a debt agreement (as the case requires); or

  (b)   carry on business under an assumed name, in the name of another person or, either alone or in partnership, under a firm name without disclosing to every person with whom he or she or, if he or she is carrying on business in partnership under a firm name, the partnership deals, his or her true name and the fact that he or she is an undischarged bankrupt or a party to a debt agreement (as the case requires).

  (2)   This section has effect subject to section   304A.

Penalty:   Imprisonment for 3 years.



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