Commonwealth Numbered Acts

BANKRUPTCY AMENDMENT ACT 1991 No. 9 of 1992 - SECT 4

4. Section 6A of the Principal Act is repealed and the following sections are
substituted: Provision of statement of affairs otherwise than under Part X or
XI

"6A.(1) This section has effect for the purposes of the following provisions
of this Act, namely, subsections 54(1) and (2) and paragraphs 55(2)(b),
56(2)(a) and (b), 56(13)(a) and (b) and 57(2)(a) and (b).

"(2) A reference in a provision of this Act referred to in subsection (1) to a
statement of affairs is a reference to a statement that:

   (a)  is in a form approved by the Inspector-General and published in the
        Gazette; and

   (b)  sets out particulars of:

   (i)  the bankrupt's or debtor's name, the address of the bankrupt's or
        debtor's principal place of residence, another address (if any) at
        which documents can be sent by post to the bankrupt or debtor and a
        telephone number (if any) at which the bankrupt or debtor can be
        contacted during ordinary working or business hours; and

   (ii) all the property of the debtor or bankrupt as at the time of the
        making of the declaration referred to in paragraph (c); and

   (iii) all the liabilities (whether secured or unsecured, actual or
        contingent, liquidated or unascertained) of the debtor or bankrupt as
        at the time of the making of the declaration referred to in paragraph
        (c); and

   (iv) all the income that the debtor or bankrupt expects to derive in the 12
        months following the filing of the statement; and

   (c)  contains a declaration, signed by the debtor or bankrupt, that, so far
        as the debtor or bankrupt is aware, the particulars set out in the
        statement are correct.

"(3) If the trustee has reasonable grounds to suspect that:

   (a)  any particulars set out in a statement of affairs that was filed by a
        person who was a bankrupt when the statement was filed, or has since
        become a bankrupt, are false or misleading in a material respect; or

   (b)  any material particulars have been omitted from that statement; the
        trustee may, by written notice given to the bankrupt, require the
        bankrupt, within a specified period of not less than 14 days, to
        provide such information or to produce such books as are specified in
        the notice for the purpose of enabling the trustee to decide whether
        the particulars set out in the statement are correct.

"(4) In approving a form for the purposes of paragraph (2)(a), the
Inspector-General must ensure that the form:

   (a)  contains provisions to bring to the attention of the debtor or
        bankrupt the obligation to set out all the particulars of his or her
        property, liabilities and income as mentioned in paragraph (2)(b); and

   (b)  provides for a form of declaration by the debtor or bankrupt as
        mentioned in paragraph (2)(c). Provision of statement of affairs under
        Part X or XI and statement of administration of estate of deceased
        person

"6B.(1) This section has effect for the purposes of the following provisions
of this Act, namely, subparagraph 188(2)(c)(i), paragraph 246(1)(a) and
subsection 247(1).

"(2) A reference in a provision of this Act referred to in subsection (1) to a
statement of affairs or to a statement of a person's administration of a
deceased person's estate is a reference to a statement of those affairs and of
that administration that:

   (a)  contains such information as is prescribed for the purposes of that
        provision; and

   (b)  is verified by affidavit.".