Document ID: chunk:federal_register_of_legislation:C2025C00167:section:57:p2
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 57 (pt 2/4)
Character Range: 204311–207078

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 Review Tribunal for the review of a decision by the Official Receiver to reject a petition under subsection (3AA).
 (3A) Before accepting a debtor's petition against joint debtors, the Official Receiver must give each petitioning debtor the information prescribed by the regulations.
 (3B) The Official Receiver must refer a debtor's petition to the Court for a direction to accept or reject it if there is at least one creditor's petition that:
 (a) is pending against at least one of the debtors (whether or not the creditor's petition also relates to other persons); and
 (b) does not relate only to all the joint debtors who presented the debtor's petition.
Example 1: Peta and Abdul are joint debtors. When they present a debtor's petition against themselves, there is a creditor's petition pending against Abdul. The Official Receiver must refer the debtor's petition to the Court, because the creditor's petition does not relate to both Peta and Abdul.
Example 2: Joan and Craig are joint debtors. When they present a debtor's petition against themselves, there is a creditor's petition pending against Joan, Craig and Paul. The Official Receiver must refer the debtor's petition to the Court.
Example 3: Kim, Robin and Jane are joint debtors. When they present a debtor's petition against themselves, there is a creditor's petition pending against Kim, Robin and Jane, and no‑one else. The Official Receiver is not required to refer the debtor's petition to the Court.
 (3C) If the Court directs the Official Receiver to accept the debtor's petition, the Court must specify the time of the commencement of each bankruptcy that results from acceptance of the debtor's petition.
 (4) The Official Receiver must accept a debtor's petition, unless the Official Receiver rejects it under subsection (3) or is directed by the Court to reject it.
 (5) Where the Official Receiver accepts a petition presented under this section:
 (a) he or she shall endorse the petition accordingly; and
 (b) upon the Official Receiver endorsing the petition, each of the petitioning debtors becomes a bankrupt by force of this section and by virtue of presentation of the petition.
 (6) If a registered trustee is the trustee of the estate of a person who becomes a bankrupt under this section, the Official Receiver must:
 (a) notify the trustee of the bankruptcy;