148Misleading conduct by bankrupt

148  Misleading conduct by bankrupt   For the purposes of this Part, a bankrupt is taken to have engaged in misleading conduct in relation to a person in respect of a particular amount (in this section called the relevant amount) if:  (a) the bankrupt, either alone or jointly with any other person, obtained credit to the extent of the relevant amount from the first‑mentioned person without informing that person that he or she was an undischarged bankrupt; or  (b) the bankrupt, either alone or jointly with any other person, obtained goods or services from the first‑mentioned person:  (i) by giving a bill of exchange or cheque drawn, or a promissory note made, by the bankrupt, either alone or jointly with another person, being a bill, cheque or note under which the relevant amount is payable; or  (ii) by giving 2 or more such instruments under which the total of the amounts payable is equal to the relevant amount;   without informing the first‑mentioned person that he or she was an undischarged bankrupt; or  (c) the bankrupt, either alone or jointly with any other person, entered into a hire‑purchase agreement with the first‑mentioned person, or entered into an agreement for the leasing or hiring of any goods from the first‑mentioned person, being a hire‑purchase agreement or agreement for the leasing or hiring of goods under which the total of the amounts payable is equal to the relevant amount, without informing the first‑mentioned person that he or she was an undischarged bankrupt; or  (d) the bankrupt, either alone or jointly with any other person, obtained goods or services from the first‑mentioned person by promising to pay that person or another person the relevant amount, or amounts the total of which is equal to the relevant amount, without informing the first‑mentioned person that he or she was an undischarged bankrupt; or  (e) the bankrupt, either alone or jointly with any other person, obtained the relevant amount, or amounts the total of which is equal to the relevant amount, from the first‑mentioned person by promising to supply goods to, or render services for, that person or another person without informing the first‑mentioned person that he or she was an undischarged bankrupt; or  (f) the bankrupt carried on business under an assumed name, in the name of another person or, either alone or in partnership, under a firm name and:  (i) in the course of the carrying on of that business the bankrupt, or, if the bankrupt carried on the business in partnership under a firm name, the partnership, dealt with the first‑mentioned person; and  (ii) the bankrupt did not inform the first‑mentioned person that he or she was an undischarged bankrupt. Division 2—Discharge by operation of law Subdivision A—Discharge after certain period 149  Automatic discharge  (1) A bankrupt is discharged from bankruptcy, by force of this subsection, at the end of the period of 3 years from whichever of the following dates is applicable:  (a) for a bankruptcy because of a sequestration order—the date the statement of the bankrupt’s affairs accepted under subsection 57B(1) was filed;  (b) for a bankruptcy because of a debtor’s petition (other than a bankruptcy to which paragraph (c) of this subsection applies)—the date the Official Receiver accepted the debtor’s petition;  (c) for a bankruptcy, because of a debtor’s petition against a partnership, of a member of the partnership who did not join in presenting the petition—the date the statement of the bankrupt’s affairs accepted under subsection 57B(1) was filed.  (2) Subsection (1) applies subject to section 149A (objection to discharge of bankruptcy). Note: See Part 2 of Schedule 1 to the Bankruptcy Amendment (Discharge from Bankruptcy) Act 2023 for provisions relating to the discharge from bankruptcy of persons that became bankrupt before the commencement of that Part. 149A  Bankruptcy extended when objection made  (1) If an objection to the discharge of a bankrupt has taken effect in accordance with section 149G, then, unless the objection is withdrawn or cancelled, the bankrupt is taken to be discharged by force of subsection 149(1) at the end of the prescribed number of years from the prescribed date.  (2) For the purposes of subsection (1):  (a) the prescribed number of years is:  (i) if the objection was made on a ground, or on grounds that included a ground, referred to in paragraph 149D(1)(ab), (ac), (ad), (d), (da), (e), (f), (g), (h), (ha), (ia), (k) or (ma)—8 years; or  (ii) in any other case—5 years; and  (b) the prescribed date is:  (i) if the objection was made on a ground, or on grounds that included a ground, referred to in paragraph 149D(1)(a) or (h)—the date on which the bankrupt returned to Australia; or  (ii) in any other case—the date applicable under whichever of paragraph 149(1)(a), (b) or (c) applies.  (3) If the objection is withdrawn or cancelled:  (a) the objection is taken never to have been made; and  (b) if:  (i) the period specified in subsection 149(1) has ended; and  (ii) no other objection against the discharge of the bankrupt is in effect;   the bankrupt is taken to be discharged under section 149 immediately the objection is withdrawn or cancelled. Subdivision B—Objections