Commonwealth Numbered Acts

BANKRUPTCY AMENDMENT ACT 1980 No. 12 of 1980 - SECT 72

72. (1) Section 149 of the Principal Act is repealed and the following section
substituted:



"149. (1) Subject to this section, a person who becomes a bankrupt after the
commencement of this section is, by force of this section, unless sooner
discharged in accordance with section 150, discharged from bankruptcy upon the
expiration of 3 years from the date of the bankruptcy.



"(2) Subject to this section, a person who was an undischarged bankrupt
immediately before the commencement of this section is, by force of this
section, discharged from bankruptcy-

   (a)  in a case where the bankrupt became a bankrupt more than 3 years
        before the commencement of this section-upon the commencement of
        this section; or

   (b)  in any other case, unless sooner discharged in accordance with
        section  150 -upon the expiration of 3 years from the date of the
        bankruptcy.



"(3) A bankrupt is not discharged from bankruptcy by virtue of this section
if-

   (a)  at the time when he would have been so discharged but for this
        sub-section, he is still undischarged from an earlier bankruptcy;

   (b)  he has, since the date of the bankruptcy, again become a bankrupt;

   (c)  the Registrar, the Official Receiver or the trustee has entered, or a
        creditor has, with the leave of the Court, entered, an objection, in
        accordance with the prescribed form and in the prescribed manner, to
        the discharge of the bankrupt by force of this section and the
        objection has not been withdrawn or lapsed before the time when the
        bankrupt would have been so discharged but for this sub-section; or

   (d)  an order of the Court under sub-section (12) is in force in relation
        to the bankrupt.



"(4) An objection shall not be entered under paragraph (3) (c) otherwise than
on one or more of the following grounds:

   (a)  that the bankrupt is able, or is likely within 5 years from the date
        of the bankruptcy to be able, to make a significant contribution to
        his estate;

   (b)  that the discharge of the bankrupt by force of this section would
        prejudice the administration of his estate;

   (c)  that the bankrupt has failed to co-operate in the administration of
        his estate;

   (d)  that the conduct of the bankrupt, either in respect of the period
        before or the period after the date of the bankruptcy, has been
        unsatisfactory.



"(5) Subject to sub-section (6), an objection entered under paragraph (3) (c)
may be withdrawn in the prescribed manner.



"(6) An objection entered by a creditor under paragraph (3) (c) may be
withdrawn only with the leave of the Court.



"(7) Subject to sub-section (11), an objection entered under paragraph (3) (c)
lapses at the expiration of-

   (a)  subject to paragraph (b), the period of 5 years from the date of the
        bankruptcy; or

   (b)  if the Court makes an order under sub-section (8) or (9) in relation
        to the bankrupt-the period fixed by the order.



"(8) The Court may, at any time before the expiration of 5 years from the date
of the bankruptcy, on the application of the Registrar, the Official Receiver,
the trustee or a creditor, order that the period at the expiration of which an
objection entered under paragraph (3) (c) will lapse be such period, being a
period exceeding 5 years, commencing on the date of the bankruptcy as is
specified in the order.



"(9) The Court may, at any time before the expiration of 5 years from the date
of the bankruptcy, on the application of the bankrupt, order that the period
at the expiration of which an objection entered under paragraph (3) (c) will
lapse be such period, being a period exceeding 3 years but not exceeding 5
years, commencing on the date of the bankruptcy as is specified in the order.



"(10) In deciding whether to make an order under sub-section (8) or (9), the
Court shall take into account such matters (if any) as are prescribed for the
purposes of this sub-section.



"(11) An objection to the discharge of a bankrupt, unless sooner withdrawn,
lapses upon the discharge of the bankrupt under section 150.



"(12) The Court may, at any time before the discharge of a bankrupt, on the
application of the Registrar, the Official Receiver, the trustee or a
creditor, direct that the bankrupt shall not be discharged from bankruptcy by
virtue of this section.



"(13) In deciding whether to make an order under sub-section (12), the Court
shall take into account such matters (if any) as are prescribed for the
purposes of this sub-section.



"(14) Where-

   (a)  an objection entered under paragraph (3) (c) is withdrawn after the
        time when the bankrupt would have been discharged but for sub-section
        (3) or lapses otherwise than by virtue of sub-section (11);

   (b)  there is no other objection entered under paragraph (3) (c) that has
        not been withdrawn or has not lapsed; and

   (c)  the bankrupt's discharge is not prevented by paragraph (3) (a), (b) or
        (d), the bankrupt is, by force of this section, discharged from
        bankruptcy upon the withdrawal or lapsing of the objection.".

(2) Where-

   (a)  the Registrar, the trustee or a creditor has, before the commencement
        of this section, entered an objection under paragraph 149 (3) (b) of
        the Principal Act to the discharge of a bankrupt by force of section
        149 of the Principal Act;

   (b)  the objection has not been withdrawn before the commencement of this
        section; and

   (c)  the bankrupt has not been discharged under section 150 of the
        Principal Act before the commencement of this section, section 149 of
        the Principal Act as amended by sub-section (1) of this section
        applies in relation to the objection as if-

   (d)  the objection had been entered by the Registrar, the trustee or the
        creditor, as the case may be, under paragraph 149 (3) (c) of the
        Principal Act as so amended;

   (e)  sub-section 149 (4) of the Principal Act as so amended were omitted;
        and

   (f)  the references in sub-sections 149 (7), (8) and (9) of the Principal
        Act as so amended to the date of the bankruptcy were read as
        references to the date of commencement of this section.