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COMMONWEALTHAct
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s 54B

When debtor disqualified from presenting declaration

In force
Part IVProceedings in connexion with bankruptcy
Division 2ADeclaration of intention to present debtor’s petition

54B When debtor disqualified from presenting declaration

A debtor is not entitled to present a declaration under section 54A:

(a)

when the debtor is not entitled, except with the leave of the Court, to present a petition under section 55;

(b)

after a creditor’s petition presented against the debtor is served on the debtor and before:

(i)

a sequestration order is made on the petition;

(ii)

the petition is withdrawn or dismissed; or

(iii)

the petition lapses under subsection 52(4);

(c)

after a debtor’s petition is presented against the debtor and before the petition is accepted or rejected;

(d)

while the debtor’s property is subject to control under Division 2 of Part X;

(e)

within 6 months after the debtor signs an authority under section 188; or

(f)

within 12 months after a declaration presented by the debtor under section 54A is accepted under section 54C.

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