Barrister AI
All legislation
COMMONWEALTHAct
In force
This is the latest official compilation.Check the official source →
s 149A

Bankruptcy extended when objection made

In force
Part VIIDischarge and annulment
Division 2Discharge by operation of law
Subdivision ADischarge after certain period

149A Bankruptcy extended when objection made

(1)

If an objection to the discharge of a bankrupt has taken effect in accordance with section 149G, then, unless the objection is withdrawn or cancelled, the bankrupt is taken to be discharged by force of subsection 149(1) at the end of the prescribed number of years from the prescribed date.

(2)

For the purposes of subsection (1):

(a)

the prescribed number of years is:

(i)

if the objection was made on a ground, or on grounds that included a ground, referred to in paragraph 149D(1)(ab), (ac), (ad), (d), (da), (e), (f), (g), (h), (ha), (ia), (k) or (ma)—8 years; or

(ii)

in any other case—5 years; and

(b)

the prescribed date is:

(i)

if the objection was made on a ground, or on grounds that included a ground, referred to in paragraph 149D(1)(a) or (h)—the date on which the bankrupt returned to Australia; or

(ii)

in any other case—the date applicable under whichever of paragraph 149(1)(a), (b) or (c) applies.

(3)

If the objection is withdrawn or cancelled:

(a)

the objection is taken never to have been made; and

(b)

if:

(i)

the period specified in subsection 149(1) has ended; and

(ii)

no other objection against the discharge of the bankrupt is in effect;

the bankrupt is taken to be discharged under section 149 immediately the objection is withdrawn or cancelled.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.