Document ID: chunk:federal_register_of_legislation:C2025C00167:section:40:p2
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 40 (pt 2/5)
Character Range: 152683–155136

the provisions of this Act, he or she does not, within 7 days from the date of the meeting, either:
 (i) present a debtor's petition; or
 (ii) sign an authority under section 188 and inform the chair of the meeting, in writing, of the name of the person in whose favour the authority has been signed;
 (g) if a creditor who has obtained against the debtor a final judgment or final order, being a judgment or order the execution of which has not been stayed, has served on the debtor in Australia or, by leave of the Court, elsewhere, a bankruptcy notice under this Act and the debtor does not:
 (i) where the notice was served in Australia—within the time fixed for compliance with the notice; or
 (ii) where the notice was served elsewhere—within the time specified by the order giving leave to effect the service;
  comply with the requirements of the notice or satisfy the Court that he or she has a counter‑claim, set‑off or cross demand equal to or exceeding the amount of the judgment debt or sum payable under the final order, as the case may be, being a counter‑claim, set‑off or cross demand that he or she could not have set up in the action or proceeding in which the judgment or order was obtained;
 (h) if he or she gives notice to any of his or her creditors that he or she has suspended, or that he or she is about to suspend, payment of his or her debts;
 (ha) if the debtor gives the Official Receiver a debt agreement proposal;
 (hb) if a debt agreement proposal given by the debtor to the Official Receiver is accepted by the debtor's creditors;
 (hc) if the debtor breaches a debt agreement;
 (hd) if a debt agreement to which the debtor was a party (as a debtor) is terminated under section 185P, 185Q or 185QA;
 (i) if he or she signs an authority under section 188;
 (j) if a meeting of his or her creditors is called in pursuance of such an authority;
 (k) if, without sufficient cause, he or she fails to attend a meeting of his or her creditors called in pursuance of such an authority;
 (l) if, having been required by a special resolution of a meeting of his or her creditors so called to execute a personal insolvency agreement or to present a debtor's petition, he or she fails, without sufficient cause:
 (i) to comply with the requirements of this Act as to the execution of the agreement by him or her; or
 (ii) to present a debtor's petition within the time specified in the resolution;
  as the case may be;
 (m) if a