Document ID: chunk:federal_register_of_legislation:C2025C00167:section:268:p1
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 268 (pt 1/3)
Character Range: 815981–818501

268  Offences in relation to personal insolvency agreements
 (1) A debtor shall not knowingly give a false or misleading answer to a question put to him or her at a meeting called under Part X.
Penalty: Imprisonment for 1 year.
 (2) A debtor who has executed a personal insolvency agreement under Part X:
 (a) shall fully and truly disclose to the trustee of the agreement all the property subject to the agreement and its value;
 (b) shall not refuse or fail to comply with a direction of the trustee of the agreement to deliver up to the trustee property subject to the agreement that is in the possession of the debtor;
 (ba) shall fully and truly disclose to the trustee of the agreement such information about any of the debtor's conduct and examinable affairs as the trustee requires;
 (c) shall not refuse or fail to comply with a direction by the trustee of the agreement:
 (i) to tell the trustee where books (including books of an associated entity of the debtor) relating to any of the debtor's examinable affairs may be found; or
 (ii) to deliver to the trustee such books that are in the possession of the debtor;
 (d) shall not omit any material particular from a statement relating to any of the debtor's examinable affairs;
 (e) shall, if he or she knows that a person has lodged a proof of debt under the agreement that is false, forthwith inform the trustee of the fact;
 (f) shall execute such instruments and do all such acts and things in relation to property subject to the agreement and its realization as are required by this Act or by the trustee or as are ordered by the Court upon the application of the trustee; and
 (g) shall aid to the utmost of his or her power in the administration of his or her property and affairs under the agreement.
Penalty: Imprisonment for 1 year.
 (2A) A debtor is taken to have complied with paragraph (2)(a) or (ba) if he or she has fully and truly disclosed to the best of his or her knowledge and belief as required by that paragraph.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).
 (3) A debtor who has executed a personal insolvency agreement under Part X shall not make a false representation or commit any fraud with the intention of obtaining the consent of his or her creditors or any of them to any matter relating to any of the debtor's examinable affairs.
Penalty: Imprisonment for 5 years.
 (4) Subsections (2) and (3) do not apply to an act or omission that