Section 149 — Bankruptcy Act 1966 (Cth)

(1) A bankrupt is discharged from bankruptcy, by force of this subsection, at the end of the period of 3 years from whichever of the following dates is applicable:

(a) for a bankruptcy because of a sequestration order—the date the statement of the bankrupt’s affairs accepted under subsection 57B(1) was filed;

(b) for a bankruptcy because of a debtor’s petition (other than a bankruptcy to which paragraph (c) of this subsection applies)—the date the Official Receiver accepted the debtor’s petition;

(c) for a bankruptcy, because of a debtor’s petition against a partnership, of a member of the partnership who did not join in presenting the petition—the date the statement of the bankrupt’s affairs accepted under subsection 57B(1) was filed.

(2) Subsection (1) applies subject to section 149A (objection to discharge of bankruptcy).

Note: See Part 2 of Schedule 1 to the Bankruptcy Amendment (Discharge from Bankruptcy) Act 2023 for provisions relating to the discharge from bankruptcy of persons that became bankrupt before the commencement of that Part.

Related sections

• s 146 — Distribution of dividends where bankrupt fails to file statement of affairs
• s 147 — No action for dividend
• s 148 — Misleading conduct by bankrupt
• s 149A — Bankruptcy extended when objection made
• s 149B — Objection to discharge
• s 149C — Form of notice of objection

Research how courts apply s 149

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