Document ID: chunk:federal_register_of_legislation:C2025C00167:section:55:p1
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 55 (pt 1/3)
Character Range: 184934–187593

55  Debtor's petition
 (1) Subject to this section, a debtor may present to the Official Receiver a petition against himself or herself.
 (2) A petition presented by a debtor under this section:
 (a) shall be in accordance with the approved form; and
 (b) shall be accompanied by a statement of the debtor's affairs and a copy of that statement.
 (2A) The Official Receiver must reject a debtor's petition unless, at the time when the petition is presented, the debtor:
 (a) was personally present or ordinarily resident in Australia; or
 (b) had a dwelling‑house or place of business in Australia; or
 (c) was carrying on business in Australia, either personally or by means of an agent or manager; or
 (d) 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.
 (3) The Official Receiver may reject a debtor's petition if:
 (a) the petition does not comply substantially with the approved form; or
 (b) the petition is not accompanied by a statement of affairs; or
 (c) both:
 (i) the Official Receiver has given the debtor notice under subsection 57B(3) that the Official Receiver has refused to accept a statement of affairs filed for the purposes of paragraph (2)(b) of this section; and
 (ii) an updated statement of affairs has not been filed for the purposes of that paragraph within the period specified in the notice.
 (3AA) The Official Receiver may reject a debtor's petition (the current petition) if:
 (aa) the Official Receiver has accepted under subsection 57B(1) a statement of affairs filed by the debtor for the purposes of paragraph (2)(b) of this section; and
 (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 statement of affairs; and
 (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) The debtor may apply