Document ID: chunk:federal_register_of_legislation:C2025C00167:section:55:p3
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 55 (pt 3/3)
Character Range: 189849–192118

is not, except with the leave of the Court, entitled to present a petition against himself or herself unless:
 (a) the agreement has been set aside; or
 (b) the agreement has been terminated; or
 (c) all the obligations that the agreement created have been discharged.
 (6A) A debtor in relation to whom a stay under a proclaimed law applies is not, except with the leave of the Court, entitled to present a petition against himself or herself.
 (7) Where a petition is presented by a debtor against himself or herself in contravention of subsection (5A), (6) or (6A), the debtor does not become a bankrupt by virtue of its presentation.
 (8) A person who becomes a bankrupt by force of this section continues to be a bankrupt until:
 (a) he or she is discharged by force of subsection 149(1); or
 (b) his or her bankruptcy is annulled by force of subsection 74(1) or 153A(1) or under section 153B.
 (9) A person who states in writing that he or she is a creditor of a bankrupt who has become a bankrupt by force of this section may without fee, and any other person may on payment of the fee determined by the Minister by legislative instrument, inspect, personally or by an agent, the statement of affairs that accompanied the petition presented by the bankrupt, and may obtain a copy of, or take extracts from, the statement.
 (10) A bankrupt who has become a bankrupt by force of this section may, without fee and either personally or by an agent:
 (a) inspect the bankrupt's statement of affairs; and
 (b) obtain a copy of, or make extracts from, the bankrupt's statement of affairs.
 (11) If the approved form for a statement of affairs indicates that particular information in the statement will not be made available to the public, then the Official Receiver must ensure that the information is not made available under this section to any person other than the bankrupt (or an agent of the bankrupt).
 (11A) Subsection (11) does not prevent the making available of information as required by law.
 (12) The Official Receiver may refuse to allow a person access under this section to particular information in a bankrupt's statement of affairs on the ground that access to that information would jeopardise, or be likely to jeopardise, the safety of any person.