Document ID: chunk:federal_register_of_legislation:C2025C00167:section:43
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 43
Character Range: 164639–165640

43  Jurisdiction to make sequestration orders
 (1) Subject to this Act, where:
 (a) a debtor has committed an act of bankruptcy; and
 (b) at the time when the act of bankruptcy was committed, the debtor:
 (i) was personally present or ordinarily resident in Australia;
 (ii) had a dwelling‑house or place of business in Australia;
 (iii) was carrying on business in Australia, either personally or by means of an agent or manager; or
 (iv) was a member of a firm or partnership carrying on business in Australia by means of a partner or partners or of an agent or manager;
the Court may, on a petition presented by a creditor, make a sequestration order against the estate of the debtor.
 (2) Upon the making of a sequestration order against the estate of a debtor, the debtor becomes a bankrupt, and 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.