Document ID: chunk:federal_register_of_legislation:C2004C00357:clause:3_135
Version: federal_register_of_legislation:C2004C00357
Segment Type: clause
Provision Reference: sch 3 cl 135
Character Range: 78467–79899

135  Discharge by the Court

 (1) Section 150 of the Principal Act is amended:
 (a) by omitting paragraph (1)(b) and substituting the following paragraph:
 (b) the trustee has notified him in writing, that the trustee does not intend to make an application for his examination under section 69; or;
 (b) by omitting subsection (3) and substituting the following subsection:

 (3) On the hearing of an application under this section, the Court shall take into consideration a report in writing by the trustee concerning the bankrupt, his conduct, trade dealings, property and affairs both in respect of the period before and the period after the applicant became a bankrupt.;
 (c) by omitting subparagraph (4)(a)(i); and
 (d) by omitting from subparagraph (4)(a)(iv) "(being a registered trustee)".

 (2) Notwithstanding the amendments of section 150 of the Principal Act made by subsection (1) of this section, where:
 (a) a bankrupt has, before the commencement of this section, applied to the court under section 150 of the Principal Act for an order of discharge; and
 (b) the application has not been disposed of before the commencement of this section;
the provisions of section 150 of the Principal Act continue to apply, after the commencement of this section, in relation to the application as if those amendments had not been made.

136
The Principal Act is amended by inserting after section 156 the following section: