Commonwealth Consolidated Acts

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BANKRUPTCY ACT 1966 - SECT 263C

False claims about a creditor's entitlement to vote

             (1)  A creditor must not give to the trustee a voting document knowing or reckless that the document is false or misleading in a material particular.

Penalty:  Imprisonment for 6 months.

             (2)  In this section:

"give" includes cause to be given.

"trustee" means:

                     (a)  a trustee in a bankruptcy; or

                     (b)  a trustee of a composition or scheme of arrangement under Division 6 of Part IV; or

                     (d)  a controlling trustee as defined in Part X; or

                     (e)  a trustee of a personal insolvency agreement under Part X; or

                      (f)  a trustee of an estate being administered under Part XI.

"voting document" means:

                     (a)  a statement that is:

                              (i)  described in section 64D, as that section applies of its own force, or as it is applied by another provision of this Act; and

                             (ii)  given to the trustee at or before a meeting called for the purposes of Part IV, X or XI; or

                     (b)  a form that is:

                              (i)  described in section 64E, as that section applies of its own force, or as it is applied by another provision of this Act; and

                             (ii)  given to the trustee at or before a meeting called for the purposes of Part IV, X or XI.



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