Document ID: chunk:federal_register_of_legislation:C2004C01393:clause:1_42
Version: federal_register_of_legislation:C2004C01393
Segment Type: clause
Provision Reference: sch 1 cl 42
Character Range: 13221–14580

42  After subsection 57(3)
Insert:

 (3AA) The Official Receiver may reject a debtor's petition (the current petition) if the following conditions are satisfied for at least one of the petitioning debtors:
 (a) it appears from the information in the statement of affairs (and any additional information supplied by the debtor) that, if the debtor did not become a bankrupt, the debtor would be likely (either immediately or within a reasonable time) to be able to pay all the debts specified in the debtor's statement of affairs;
 (b) at least one of the following applies:
 (i) it appears from the information in the statement of affairs (and any additional information supplied by the debtor) that the debtor is unwilling to pay one or more debts to a particular creditor or creditors, or is unwilling to pay creditors in general;
 (ii) before the current petition was presented, the debtor previously became a bankrupt on a debtor's petition at least 3 times, or at least once in the period of 5 years before presentation of the current petition.

 (3AB) The Official Receiver is not required to consider in each case whether there is a discretion to reject under subsection (3AA).

 (3AC) An application may be made to the Administrative Appeals Tribunal for the review of a decision by the Official Receiver to reject a petition under subsection (3AA).