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Part 18 · Annulment and Discharge

398. Discharged bankrupt to give assistance

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In plain English

A discharged bankrupt must still help the official assignee, as required, to realise and distribute their property vested in the official assignee. Failing to help is an offence, with a fine of up to $10,000. The court may also revoke the discharge, but things properly done between the discharge and its revocation stay valid.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

(1)

A discharged bankrupt must, despite his or her discharge, give assistance as the Official Assignee requires in the realisation and distribution of such of his or her property as is vested in the Official Assignee.

(2)

If the discharged bankrupt fails to give assistance to the Official Assignee under subsection (1) —

(a)

the discharged bankrupt shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000; and

(b)

the Court may, if it thinks fit, revoke the discharged bankrupt’s discharge, but without affecting the validity of any sale, disposition or payment duly made, or thing duly done subsequent to the discharge, but before its revocation.

Report

Part 19

Duties, Disqualification and Disabilities of Bankrupt

Part 20

Bankruptcy Offences

Part 21

Bankruptcy Miscellaneous Provisions

Part 22

Provisions Against Debt Avoidance and Limitation on Certain Contractual Rights

Part 23

Miscellaneous and General Provisions

Part 24

Consequential and Related Amendments to Other Acts

Part 25

Saving and Transitional Provisions

Schedules