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COMMONWEALTHAct
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s 267

False declaration by debtor or bankrupt

In force
Part XIVOffences

267 False declaration by debtor or bankrupt

(1)

This section applies to a declaration contained in a statement that:

(a)

is filed under paragraph 54(1)(a) or (2)(a); or

(aa)

accompanies a declaration presented under section 54A; or

(b)

accompanies a petition presented under paragraph 55(2)(b) or subsection 56B(1); or

(c)

is filed under paragraph 56F(1)(a) or (b); or

(d)

accompanies a petition presented under subsection 57(1); or

(daa)

is filed in accordance with a notice given under subsection 57B(3); or

(da)

is given to the Official Receiver under section 77CA; or

(e)

is given to the Official Receiver under:

(i)

subsection 185C(2B); or

(ii)

subsection 185M(1B); or

(iii)

subsection 185P(1B); or

(ea)

is given to the Official Receiver under section 185D with a debt agreement proposal; or

(f)

is given under subsection 188(2C) or (2D).

(2)

A person must not make a declaration to which this section applies that the person knows to be false.

Penalty: Imprisonment for 12 months.

Presumed maker of declaration in electronic statement

(3)

If a declaration is contained in a statement that:

(a)

was received by the Official Receiver electronically; and

(b)

purported to be made by a particular person;

the declaration is presumed to have been made by the person, in the absence of evidence to the contrary.

(4)

Subsection (3) applies whether the statement was filed, accompanied a declaration or petition or was given to the Official Receiver, as described in subsection (1).

(5)

Subsection (3) does not affect by implication the operation of a law of the Commonwealth outside this section.

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