Document ID: chunk:federal_register_of_legislation:C2025C00167:section:268:p2
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 268 (pt 2/3)
Character Range: 818285–820845

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 is done or made after:
 (a) all the obligations that the personal insolvency agreement created have been discharged; or
 (b) the personal insolvency agreement has been set aside or terminated.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).
 (5) If a personal insolvency agreement specifies that the antecedent transactions provisions of this Act apply to the debtor, the debtor must fully and truly disclose to the trustee of the agreement particulars of any disposition of property made by him or her within the period of 2 years immediately preceding the date on which he or she signed the authority under section 188 authorizing the calling of the meeting of his or her creditors at which the resolution requiring the execution of the agreement was passed.
Penalty: Imprisonment for 1 year.
 (5A) A debtor is taken to have complied with subsection (5) if he or she has fully and truly disclosed to the best of his or her knowledge and belief as required by that subsection.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5A) (see subsection 13.3(3) of the Criminal Code).
 (6) A debtor shall be deemed to have complied with subsection (5) in respect of any property if he or she shows that that property has been disposed of in the ordinary way of his or her business or in meeting the ordinary expenses of his or her family.
Note: See also subsection 5(6).
 (7) A debtor who has signed an authority under section 188, and has, within 12 months before the date on which he or she signed that authority and after the commencement of this Act:
 (a) done any of the things specified in any of paragraphs 265(4)(a) to (f) or paragraph 265(5)(a) or (b); or
 (b) disposed of, or created a charge on, any property with intent to defraud his or her creditors;
commits an offence and is punishable, upon conviction, if the offence relates to the doing of a thing specified in paragraph 265(5)(a) or (b) or a thing specified in paragraph (b) of this subsection, by imprisonment for a period not exceeding 5 years or, in any other case, by imprisonment for a period not exceeding 1 year.
 (8) It is a defence to a charge under this section (not being a charge under paragraph (2)(b) or (c) or subsection (3) of this section