Document ID: chunk:federal_register_of_legislation:C2023A00094:clause:1_31:p1
Version: federal_register_of_legislation:C2023A00094
Segment Type: clause
Provision Reference: sch 1 cl 31 (pt 1/2)
Character Range: 21365–23947

31  Discharge date for bankrupts discharged from bankruptcy before commencement
(1) This item applies in relation to a person who was discharged from bankruptcy before commencement by force of subsection 149(1) of the Bankruptcy Act 1966, as in force at any time during the affected bankruptcy period, if the discharge reference date for the bankruptcy is later than the date on which the bankrupt filed his or her statement of affairs for the purposes of sections 149 and 149A of the Bankruptcy Act 1966, as then in force.

Alteration of discharge date
(2) By force of this subitem, the date of the discharge is taken to be, and always to have been, the date on which the person would have been discharged from the bankruptcy had the references in sections 149 and 149A of the Bankruptcy Act 1966, as then in force, to the date on which the bankrupt filed his or her statement of affairs been references to the discharge reference date for the bankruptcy.
(3) However, subitem (2) does not render invalid or ineffective anything done by or in relation to the person, or in relation to the bankruptcy, before commencement on the basis that the date of the discharge was, or would be, the date that would have applied under sections 149 and 149A of the Bankruptcy Act 1966, as in force at any time during the affected bankruptcy period, had subitem (2) not been enacted.
(4) In addition, no action, suit or proceeding (whether civil or criminal) lies against a person in relation to any act or omission that the person did, or omitted to perform, before commencement on that basis.
(5) Subitem (2) does not apply in relation to the person or the bankruptcy if:
 (a) on commencement, there is an order of a court in force:
 (i) declaring the date of the discharge to be a particular date; or
 (ii) otherwise affecting the date of the discharge; or
 (b) the bankruptcy is in a class determined under subitem (6).
(6) For the purposes of paragraph (5)(b), the Minister may, by legislative instrument, determine classes of bankruptcies in relation to which subitem (2) does not apply.

Validation
(7) Subitem (8) applies if a thing done, or purportedly done, by or in relation to the person, or in relation to the bankruptcy, before commencement would, apart from this item, be wholly or partly invalid or ineffective only because the thing was done or purportedly done on the basis that the date on which the person filed his or her statement of affairs for the purposes of sections 149 and 149A of the Bankruptcy Act 1966, as in force at any time during the affected bankruptcy period,