Commonwealth Numbered Acts

BANKRUPTCY AMENDMENT ACT 1980 No. 12 of 1980 - SECT 73

73. (1) Section 150 of the Principal Act is amended by omitting sub- section
(1) and substituting the following sub-section:



"(1) A Person who becomes, or has before the commencement of this sub-section
become, a bankrupt may apply to the Court for an order of discharge at any
time after-

   (a)  his public examination has been concluded;

   (b)  the Court or the Registrar has directed that a public examination
        shall not be held in his case or the Registrar has dispensed with a
        public examination in his case; or

   (c)  the expiration of the period of 12 months commencing on the date of
        the bankruptcy.".

(2) Section 150 of the Principal Act is amended-

(a) by omitting from paragraph (a) of sub-section (3) "not an Official
Receiver" (wherever occurring) and substituting " a registered trustee";

(b) by omitting from paragraph (b) of sub-section (3) "an Official Receiver"
and substituting "the Official Trustee";

(c) by omitting from paragraph (b) of sub-section (3) "the trustee" and
substituting "the Official Trustee";

   (d)  by omitting sub-section (4) and substituting the following sub-
        section:



"(4) The Court may, in addition-

   (a)  hear, and put such questions as it thinks fit to-

        (i)    an Official Receiver;

        (ii)   a creditor whose debt has been proved;

        (iii)  the bankrupt; or

        (iv)   the trustee (being a registered trustee); and

   (b)  receive such other evidence as it thinks fit."; and

   (e)  by omitting sub-sections (7) and (8) and substituting the following
        sub-sections:



"(7) The Court shall not, under sub-section (5), suspend the operation of an
order of discharge subject to conditions that require , or have the effect of
requiring, the bankrupt to make payments from his income at any time after the
expiration of the period of 5 years commencing on the date of the bankruptcy.



"(8) Notwithstanding that the operation of an order of discharge is, by virtue
of an order of the Court in force immediately before the commencement of this
sub-section (including such an order as varied after the commencement of this
sub-section), suspended subject to conditions that require, or have the effect
of requiring, a bankrupt to make payments from his income, the bankrupt is not
required to make payments in pursuance of the conditions at any time after-

   (a)  the expiration of the period of 5 years commencing on the date of the
        bankruptcy; or

   (b)  in a case where the period referred to in paragraph (a) expired before
        the commencement of this sub-section-the commencement of this
        sub-section.



"(9) Where none of the matters specified in sub-section (6) is established,
the Court may-

   (a)  refuse to make an order of discharge;

   (b)  make an order of discharge; or

   (c)  make an order of discharge but suspend the operation of the order as
        the Court thinks proper, either unconditionally or subject to
        conditions.



"(10) The Court shall not, under sub-section (9), suspend the operation of an
order of discharge beyond the period of 3 years commencing on the date of the
bankruptcy.



"(11) The Court may, at any time while the operation of an order of discharge
(including such an order made before the commencement of this sub-section) is
suspended, rescind or vary the order.



"(12) A report referred to in sub-section (3) is, for the purposes of this
section, prima facie evidence of the statements contained in it.".