Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Subsection 6A(1)
After "sections", insert "77CA and".
2 After paragraph 12(1)(bb)
Insert:
(bc) may make such inquiries and investigations as the Inspector‑General thinks fit with respect to whether a person has committed an offence against this Act; and
3 Subsections 12(1BA) and (1B)
Omit "or (bb)", substitute ", (bb) or (bc)".
4 After subsection 12(2)
Insert:
(2A) If the Inspector‑General believes on reasonable grounds that a person has information that is relevant to an inquiry or investigation under paragraph (1)(bc), the Inspector‑General may, by written notice given to the person, require the person to give to the Inspector‑General, within the period and in the manner specified in the notice, any such information.
(2B) The period specified in a notice given under subsection (2A) must be at least 14 days after the notice is given.
(2C) A person commits an offence if:
(a) the person has been given a notice under subsection (2A); and
(b) the person fails to comply with the notice.
Penalty: Imprisonment for 12 months.
(2D) A notice under subsection (2A) must set out the effect of the following provisions:
(a) subsection (2C);
(b) section 137.1 of the Criminal Code (about giving false or misleading information).
(2E) Subsection (2A) does not limit the application of subsection (2) in relation to an inquiry or investigation under paragraph (1)(bc).
5 Subsection 52(1A)
After "Receiver", insert "before the end of the period of 2 days beginning on the day the order was made".
6 At the end of subsection 52(1A)
Add:
Penalty: 5 penalty units.
Note: See also section 277B (about infringement notices).
7 After subsection 52(1A)
Insert:
(1B) Subsection (1A) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
8 Subsection 54(1) (penalty)
Repeal the penalty, substitute:
Penalty: 25 penalty units.
9 Subsection 56F(1) (penalty)
Repeal the penalty, substitute:
Penalty: 25 penalty units.
10 At the end of subsection 73(1A)
Add:
Penalty: 5 penalty units.
Note: See also section 277B (about infringement notices).
11 After subsection 73(1B)
Insert:
(1C) Subsection (1A) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
12 Subsection 74(5A)
Omit "as soon as practicable after that date", substitute "before the end of the period of 2 days beginning on that date".
13 At the end of subsection 74(5A)
Add:
Penalty: 5 penalty units.
Note: See also section 277B (about infringement notices).
14 After subsection 74(5A)
Insert:
(5B) Subsection (5A) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
15 After section 77C
Insert:
77CA Power of Official Receiver to obtain statement of affairs
The Official Receiver may, by written notice given to a bankrupt, require the bankrupt to give the Official Receiver a statement of the bankrupt's affairs within 14 days after receiving the notice.
Note 1: Section 6A sets out requirements for statements of affairs.
Note 2: A failure to comply with the notice is an offence: see section 267B.
16 Subparagraph 149A(2)(a)(i)
After "(ha),", insert "(ia),".
17 Subsection 149C(1A)
After "(ha),", insert "(ia),".
18 After paragraph 149D(1)(i)
Insert:
(ia) the bankrupt failed to comply with subparagraph 77(1)(a)(ii);
19 Subsection 149N(1A)
After "(ha),", insert "(ia),".
20 Subsection 153A(2)
Omit "as soon as practicable after that date", substitute "before the end of the period of 2 days beginning on that date".
21 At the end of subsection 153A(2)
Add:
Penalty: 5 penalty units.
Note: See also section 277B (about infringement notices).
22 After subsection 153A(2)
Insert:
(3) Subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
23 At the end of section 153B
Add:
(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 .
24 At the end of subsection 155J(1) (before the penalty)
Add "before the end of the period of 7 days beginning on the day the person ceased to be registered".
25 Subsection 155J(1) (penalty)
Repeal the penalty, substitute:
Penalty: 5 penalty units.
Note: See also section 277B (about infringement notices).
26 Subsection 168(1) (penalty)
Repeal the penalty, substitute:
Penalty: 10 penalty units.
Note: See also section 277B (about infringement notices).
27 After section 170
Insert:
(1) If, during a financial year, the trustee of the estate of a bankrupt administered the estate, the trustee must, within the period of 35 days after the end of that year, give the Inspector‑General a return, in the approved form, in relation to the administration of that estate during that year.
Penalty: 5 penalty units.
Note: See also section 277B (about infringement notices).
(2) Subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
(3) This section does not apply in relation to the Official Trustee.
28 At the end of subsection 173(1) (after the penalty)
Add:
Note: See also section 277B (about infringement notices).
29 At the end of subsection 175(5) (after the penalty)
Add:
Note: See also section 277B (about infringement notices).
30 Subsection 182(4)
After "the person", insert "(the affected person )".
31 Subsection 182(4)
Omit "shall forthwith notify, in writing, the Official Receiver of that fact", substitute "must, before the end of the period of 28 days beginning on the day the affected person started to administer the estate, give written notice of that death to the Official Receiver".
32 Subsection 182(4) (penalty)
Repeal the penalty, substitute:
Penalty: 5 penalty units.
Note: See also section 277B (about infringement notices).
33 After section 185LE
Insert:
(1) If, during a financial year, an administrator of a debt agreement administered the agreement, the administrator must, within the period of 35 days after the end of that year, give the Inspector‑General a return, in the approved form, in relation to the administration of that agreement during that year.
Penalty: 5 penalty units.
Note: See also section 277B (about infringement notices).
(2) Subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
34 Subsection 185ZA(1)
After "the person", insert "(the affected person )".
35 Subsection 185ZA(1)
Omit "as soon as practicable, give written notice of that fact", substitute "before the end of the period of 28 days beginning on the day the affected person started to administer the estate, give written notice of that death".
36 Subsection 185ZA(1) (penalty)
Repeal the penalty, substitute:
Penalty: 5 penalty units.
Note: See also section 277B (about infringement notices).
37 Paragraph 186N(1)(c)
Omit "as soon as practicable after", substitute "before the end of the period of 7 days beginning on the day".
38 Subsection 186N(1) (penalty)
Repeal the penalty, substitute:
Penalty: 5 penalty units.
Note: See also section 277B (about infringement notices).
39 Paragraph 186N(3)(c)
Omit "as soon as practicable after", substitute "before the end of the period of 7 days beginning on the day".
40 Subsection 186N(3) (penalty)
Repeal the penalty, substitute:
Penalty: 5 penalty units.
Note: See also section 277B (about infringement notices).
41 Paragraph 186N(5)(c)
Omit "as soon as practicable after", substitute "before the end of the period of 7 days beginning on the day".
42 Subsection 186N(5) (penalty)
Repeal the penalty, substitute:
Penalty: 5 penalty units.
Note: See also section 277B (about infringement notices).
43 Paragraph 186N(6A)(c)
Omit "as soon as practicable after", substitute "before the end of the period of 7 days beginning on the day of".
44 Subsection 186N(6A) (penalty)
Repeal the penalty, substitute:
Penalty: 5 penalty units.
Note: See also section 277B (about infringement notices).
45 Paragraph 218(1)(b)
Omit "21", substitute "2".
46 After subsection 218(1)
Insert:
(2) The trustee commits an offence if the trustee fails to comply with a requirement under paragraph (1)(b).
Penalty: 5 penalty units.
Note: See also section 277B (about infringement notices).
(2A) Subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
47 Subsection 224A(1)
Omit "immediately", substitute ", before the end of the period of 2 days beginning on the day of the termination or variation,".
48 At the end of subsection 224A(1)
Add:
Penalty: 5 penalty units.
Note: See also section 277B (about infringement notices).
49 Subsection 224A(2)
Omit "immediately", substitute ", before the end of the period of 2 days beginning on the day of the variation,".
50 At the end of subsection 224A(2)
Add:
Penalty: 5 penalty units.
Note: See also section 277B (about infringement notices).
51 Subsection 224A(3)
Omit "immediately", substitute ", before the end of the period of 2 days beginning on the day of the termination,".
52 At the end of subsection 224A(3)
Add:
Penalty: 5 penalty units.
Note: See also section 277B (about infringement notices).
53 Subsection 224A(4)
After "must", insert ", before the end of the period of 2 days beginning on the day the trustee becomes aware of the order,".
54 At the end of subsection 224A(4)
Add:
Penalty: 5 penalty units.
Note: See also section 277B (about infringement notices).
55 At the end of subsection 224A(5)
Add:
Penalty: 5 penalty units.
Note: See also section 277B (about infringement notices).
56 At the end of section 224A
Add:
(7) Subsections (1), (2), (3), (4) and (5) are offences of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
57 Subsection 244(14)
After "must", insert ", before the end of the period of 2 days beginning on the day the order was made,".
58 At the end of subsection 244(14)
Add:
Penalty: 5 penalty units.
Note: See also section 277B (about infringement notices).
59 At the end of section 244
Add:
(15) Subsection (14) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
60 Subsection 245(3)
After "must", insert ", before the end of the period of 2 days beginning on the day the order was made,".
61 At the end of subsection 245(3)
Add:
Penalty: 5 penalty units.
Note: See also section 277B (about infringement notices).
62 At the end of section 245
Add:
(4) Subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
63 Subsection 246(1) (penalty)
Repeal the penalty, substitute:
Penalty: 25 penalty units.
Note: See also section 277B (about infringement notices).
64 At the end of section 247
Add:
(3) If the Court makes an order upon hearing the petition, the person administering the estate of the deceased person must, before the end of the period of 2 days beginning on the day the order was made, give a copy of the order to the Official Receiver.
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 .
65 Subsection 252A(2)
Omit "as soon as practicable after that date", substitute "before the end of the period of 2 days beginning on that date".
66 At the end of subsection 252A(2)
Add:
Penalty: 5 penalty units.
Note: See also section 277B (about infringement notices).
67 After subsection 252A(2)
Insert:
(3) Subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
68 Subsection 263(1) (penalty)
Omit "3", substitute "5".
69 Subsection 265(3) (penalty)
Omit "3", substitute "5".
70 Subsection 265(5)
After "bankrupt", insert ", either alone or jointly with another person".
71 Paragraph 265(5)(b)
Repeal the paragraph, substitute:
(b) incurs any debt or liability by fraud;
72 Subsection 265(5)
Omit "3", substitute "5".
73 Subsections 266(1) and (3)
Omit "3 years", substitute "5 years".
74 After paragraph 267(1)(d)
Insert:
(da) is given to the Official Receiver under section 77CA; or
75 Subsection 267(2)
Omit "sign", substitute "make".
76 Subsection 267B(1)
After "or section", insert "77CA or".
77 Subsection 268(3) (penalty)
Omit "3", substitute "5".
78 Subsection 268(7)
Omit "3", substitute "5".
79 Subsection 269(1)
After "An undischarged bankrupt", insert "or a debtor who is a party to a debt agreement".
Note: The heading to section 269 is replaced by the heading " Bankrupt or debtor who is a party to a debt agreement obtaining credit etc. without disclosing bankruptcy or debt agreement ".
80 Paragraphs 269(1)(a), (aa), (ab), (ac), (ad) and (b)
After "an undischarged bankrupt", insert "or a party to a debt agreement (as the case requires)".
81 Subsection 272(1)
Omit "by imprisonment for a period not exceeding 3 years", substitute "if the offence relates to the doing of a thing specified in paragraph (a) or (b), by imprisonment for a period not exceeding 5 years or, in any other case, by imprisonment for a period not exceeding 3 years".
82 At the end of Part XIV
Add:
277B Infringement notices for offences
(1) The regulations may make provision in relation to enabling a person who is alleged to have committed an offence of a kind referred to in the table in subsection (2) to pay to the Commonwealth, as an alternative to prosecution, a penalty of an amount worked out in accordance with subsection (2).
(2) The amount of penalty payable to the Commonwealth under regulations made for the purposes of subsection (1) in respect of an offence is determined using the following table:
|
Penalties payable |
|
|
|
|
Item |
Alleged offence |
Penalty payable |
|
|
1 |
subsection 52(1A) |
1 penalty unit |
|
|
2 |
subsection 73(1A) |
1 penalty unit |
|
|
3 |
subsection 74(5A) |
1 penalty unit |
|
|
4 |
subsection 153A(2) |
1 penalty unit |
|
|
5 |
subsection 153B(3) |
1 penalty unit |
|
|
6 |
subsection 155J(1) |
1 penalty unit |
|
|
7 |
subsection 168(1) |
2 penalty units |
|
|
8 |
subsection 170A(1) |
1 penalty unit |
|
|
9 |
subsection 173(1) |
1 penalty unit |
|
|
10 |
subsection 175(5) |
1 penalty unit |
|
|
11 |
subsection 182(4) |
1 penalty unit |
|
|
12 |
subsection 185LEA(1) |
1 penalty unit |
|
|
13 |
subsection 185ZA(1) |
1 penalty unit |
|
|
14 |
subsection 186N(1) |
1 penalty unit |
|
|
15 |
subsection 186N(3) |
1 penalty unit |
|
|
16 |
subsection 186N(5) |
1 penalty unit |
|
|
17 |
subsection 186N(6A) |
1 penalty unit |
|
|
18 |
subsection 218(2) |
1 penalty unit |
|
|
19 |
subsection 224A(1) |
1 penalty unit |
|
|
20 |
subsection 224A(2) |
1 penalty unit |
|
|
21 |
subsection 224A(3) |
1 penalty unit |
|
|
22 |
subsection 224A(4) |
1 penalty unit |
|
|
23 |
subsection 224A(5) |
1 penalty unit |
|
|
24 |
subsection 244(14) |
1 penalty unit |
|
|
25 |
subsection 245(3) |
1 penalty unit |
|
|
26 |
subsection 246(1) |
5 penalty units |
|
|
27 |
subsection 247(3) |
1 penalty unit |
|
|
28 |
subsection 252A(2) |
1 penalty unit |
|
83 At the end of subsection 315(2)
Add:
; and (l) provide for a person who is alleged to have committed an offence against the regulations to pay a penalty to the Commonwealth as an alternative to prosecution (being a penalty not exceeding one‑fifth of the maximum fine that a court could impose on the person for that offence).
84 Application
(1) The amendment made by item 5 applies in relation to orders made on or after the commencement of that item.
(2) The amendment made by item 12 applies in relation to special resolutions passed on or after the commencement of that item.
(3) The amendment made by item 15 applies in relation to bankruptcies for which the date of the bankruptcy is before, on or after the day on which that item commences.
(4) The amendments made by items 16 to 19 apply in relation to bankruptcies for which the date of the bankruptcy is on or after the day on which those items commence.
(5) The amendments made by items 20 and 23 apply in relation to bankruptcies that are annulled on or after the commencement of those items.
(6) The amendment made by item 24 applies in relation to persons ceasing to be registered as a trustee on or after the commencement of that item.
(7) The amendments made by items 27 and 33 apply in relation to financial years ending on or after the commencement of those items.
(8) The amendments made by items 31 and 35 apply in relation to deaths occurring on or after the commencement of those items.
(9) The amendment made by item 37 applies in relation to notices given under subsection 186J(2) of the Bankruptcy Act 1966 on or after the commencement of that item.
(10) The amendments made by items 39, 41 and 43 apply in relation to cancellations made on or after the commencement of those items.
(11) The amendments made by items 45 and 46 apply in relation to personal insolvency agreements entered into on or after the commencement of those items.
(12) The amendment made by item 47 applies in relation to terminations or variations occurring on or after the commencement of that item.
(13) The amendment made by item 49 applies in relation to variations occurring on or after the commencement of that item.
(14) The amendment made by item 51 applies in relation to terminations occurring on or after the commencement of that item.
(15) The amendments made by items 53, 57, 60 and 64 apply in relation to orders made on or after the commencement of those items.
(16) The amendment made by item 65 applies in relation to annulments occurring on or after the commencement of that item.
(17) The amendments made by items 70 and 71 apply in relation to the obtaining of property, and the incurring of debts or liabilities, on or after the commencement of those items.
(18) The amendment made by item 75 applies in relation to declarations made on or after the commencement of that item.
(19) The amendments made by items 79 and 80 apply in relation to debt agreements made on or after the commencement of those items.