Misleading conduct by bankrupt
For the purposes of this Part, a bankrupt is taken to have engaged in misleading conduct in relation to a person in respect of a particular amount (in this section called the relevant amount) if: (a) the bankrupt, either alone or jointly with any other person, obtained credit to the extent of the relevant amount from the first‑mentioned person without informing that person that he or she was an undischarged bankrupt; or (b) the bankrupt, either alone or jointly with any other person, obtained goods or services from the first‑mentioned person: (i) by giving a bill of exchange or cheque drawn, or a promissory note made, by the bankrupt, either alone or jointly with another person, being a bill, cheque or note under which the relevant amount is payable; or (ii) by giving 2 or more such instruments under which the total of the amounts payable is equal to the relevant amount; without informing the first‑mentioned person that he or she was an undischarged bankrupt; or (c) the bankrupt, either alone or jointly with any other person, entered into a hire‑purchase agreement with the first‑mentioned person, or entered into an agreement for the leasing or hiring of any goods from the first‑mentioned person, being a hire‑purchase agreement or agreement for the leasing or hiring of goods under which the total of the amounts payable is equal to the relevant amount, without informing the first‑mentioned person that he or she was an undischarged bankrupt; or (d) the bankrupt, either alone or jointly with any other person, obtained goods or services from the first‑mentioned person by promising to pay that person or another person the relevant amount, or amounts the total of which is equal to the relevant amount, without informing the first‑mentioned person that he or she was an undischarged bankrupt; or (e) the bankrupt, either alone or jointly with any other person, obtained the relevant amount, or amounts the total of which is equal to the relevant amount, from the first‑mentioned person by promising to supply goods to, or render services for, that person or another person without informing the first‑mentioned person that he or she was an undischarged bankrupt; or (f) the bankrupt carried on business under an assumed name, in the name of another person or, either alone or in partnership, under a firm name and: (i) in the course of the carrying on of that business the bankrupt, or, if the bankrupt carried on the business in partnership under a firm name, the partnership, dealt with the first‑mentioned person; and (ii) the bankrupt did not inform the first‑mentioned person that he or she was an undischarged bankrupt.
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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