Document ID: chunk:federal_register_of_legislation:C2025C00167:section:55:p2
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 55 (pt 2/3)
Character Range: 187357–190077

once in the period of 5 years before presentation of the current petition.
 (3AB) The Official Receiver is not required to consider in each case whether there is a discretion to reject under subsection (3AA).
 (3AC) The debtor may apply to the Administrative Review Tribunal for the review of a decision by the Official Receiver to reject a petition under subsection (3AA).
 (3A) Before accepting a debtor's petition the Official Receiver must give the debtor the information prescribed by the regulations.
 (3B) The Official Receiver must refer a debtor's petition to the Court for a direction to accept or reject it if there is a creditor's petition pending against a group of debtors (whether they are joint debtors or members of a partnership) that includes the debtor against whom the debtor's petition is presented.
Example 1: When Anna presents a debtor's petition against herself, there is a creditor's petition pending against Anna and Tim as joint debtors. The Official Receiver must refer the debtor's petition to the Court.
Example 2: When Peter presents a debtor's petition against himself, there are 2 creditor's petitions pending against him alone. The Official Receiver is not required to refer the debtor's petition to the Court, because Peter does not form a group by himself.
 (3C) If the Court directs the Official Receiver to accept the debtor's petition, the Court must specify the time of the commencement of the bankruptcy that results from acceptance of the debtor's petition.
 (4) The Official Receiver must accept a debtor's petition, unless the Official Receiver rejects it under this section or is directed by the Court to reject it.
 (4A) Where the Official Receiver accepts a petition presented under this section:
 (a) he or she shall endorse the petition accordingly; and
 (b) upon the Official Receiver endorsing the petition, the debtor who presented the petition becomes a bankrupt by force of this section and by virtue of presentation of the petition.
 (5) If a registered trustee is the trustee of the estate of a debtor who becomes a bankrupt under this section, the Official Receiver must:
 (a) notify the trustee of the bankruptcy; and
 (b) give the trustee a copy of the statement of affairs that accompanied the debtor's petition.
 (5A) A debtor who is a party (as debtor) to a debt agreement must not present a debtor's petition unless the Court gives the debtor permission to do so.
 (6) A debtor who has executed a personal insolvency agreement is not, except with the leave of the Court, entitled to present a petition against himself or herself unless:
 (a) the agreement has been set aside; or
 (b) the agreement has been terminated; or
 (c) all the obligations that the