Commonwealth Consolidated Regulations

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BANKRUPTCY REGULATIONS 1996 - REG 7.01

Trustee to inform the Official Receiver of return of bankrupt to Australia

         (1)   This regulation applies to a registered trustee who is the trustee of the estate of a bankrupt, if:

                (a)    an objection to the discharge of the bankrupt has been made on a ground, or on grounds that include a ground, referred to in paragraph 149D (1) (a) or (h) of the Act (which refer to the bankrupt being out of Australia); and

               (b)    the bankrupt has returned to Australia; and

                (c)    the trustee becomes aware that the bankrupt has returned to Australia.

         (2)   Within 7 days after becoming aware that the bankrupt has returned to Australia, the registered trustee must give notice in writing to the Official Receiver stating:

                (a)    that the bankrupt has returned to Australia; and

               (b)    the date on which:

                          (i)    the bankrupt returned; or

                         (ii)    if the trustee does not know the date on which the bankrupt returned -- the trustee became aware that the bankrupt had returned.

Penalty:   1 penalty unit

         (3)   An offence against subregulation (2) is an offence of strict liability.

Note    For strict liability , see section 6.1 of the Criminal Code .



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