CTHRepealedAct
Bankruptcy Act 1924
Effect of order of discharge.Effect of order of discharge.
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### Effect of order of discharge.
E.B.A., s. 28.
N.S.W., s. 44.
Vic., s. 241.
Q., ss. 173–175.
S.A., ss. 182, 184, 185.
W.A., s. 28.
Tas., ss. 48, 49.
121.—(1.) An order of discharge shall not—
(a) unless the Treasurer (in the case of a debt to the Commonwealth) or the Treasurer of a State (in the case of a debt to a State) certify in writing his consent to the bankrupt being released therefrom—release the bankrupt from any debt on a recognizance, or from any debt with which the bankrupt is chargeable, at the suit of the Crown or of any person, for any offence against any Act or State Act relating to any branch of the public revenue, or at the suit of the sheriff or other public officer on a bail bond entered into for the appearance of any person prosecuted for any such offence;
(b) release the bankrupt from any debt or liability incurred by means of any fraud or fraudulent breach of trust to which he was a party, nor from any debt or liability whereof he has obtained forbearance by any fraud to which he was a party; or
(c) release the bankrupt from any liability under a judgment against him in an action for seduction, or under an affiliation or maintenance order, or under a judgment against him as a co-respondent in a matrimonial cause, except to such an extent and under such conditions as the Court expressly orders in respect of that liability; or
(d) release any person who at the date of the sequestration order was a partner or a co-trustee with the bankrupt or was jointly bound or had made any joint contract with him, or with any person who was surety or in the nature of a surety for him.
(2.) An order of discharge shall release the bankrupt from all other debts provable in bankruptcy.
(3.) An order of discharge shall be conclusive evidence of the bankruptcy and of the validity of the proceedings therein.