Commonwealth Consolidated Acts

BANKRUPTCY ACT 1966 - SECT 267

  (1)   This section applies to a declaration contained in a statement that:

  (a)   is filed under paragraph   54(1)(a) or (2)(a); or

  (aa)   accompanies a declaration presented under section   54A; or

  (b)   accompanies a petition presented under paragraph   55(2)(b) or subsection   56B(1); or

  (c)   is filed under paragraph   56F(1)(a) or (b); or

  (d)   accompanies a petition presented under subsection   57(1); or

  (daa)   is filed in accordance with a notice given under subsection   57B(3); or

  (da)   is given to the Official Receiver under section   77CA; or

  (e)   is given to the Official Receiver under:

  (i)   subsection   185C(2B); or

  (ii)   subsection   185M(1B); or

  (iii)   subsection   185P(1B); or

  (ea)   is given to the Official Receiver under section   185D with a debt agreement proposal; or

  (f)   is given under subsection   188(2C) or (2D).

  (2)   A person must not make a declaration to which this section applies that the person knows to be false.

Penalty:   Imprisonment for 12 months.

Presumed maker of declaration in electronic statement

  (3)   If a declaration is contained in a statement that:

  (a)   was received by the Official Receiver electronically; and

  (b)   purported to be made by a particular person;

the declaration is presumed to have been made by the person, in the absence of evidence to the contrary.

  (4)   Subsection   (3) applies whether the statement was filed, accompanied a declaration or petition or was given to the Official Receiver, as described in subsection   (1).

  (5)   Subsection   (3) does not affect by implication the operation of a law of the Commonwealth outside this section.