The Bankruptcy Amendment (Discharge from Bankruptcy) Bill 2023 has been introduced into parliament. It has presumably been drafted by the Office of Parliamentary Counsel (OPC).
It would have been OPC that also drafted the Creative Australia Bill 2023 and described personal insolvency in clause 27 in these terms, that the Minister must terminate the appointment of a board member if the member:
- “becomes bankrupt; or
- applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
- compounds with the member’s creditors; or
- makes an assignment of the member’s remuneration for the benefit of the member’s creditors …” .
This 2023 drafting is eerily similar to the 1901 drafting of the Audit Act 1901, about the Auditor-General’s vacation of office
“if he becomes insolvent or bankrupt or compounds with his creditors or makes any assignment of his salary for their benefit or takes advantage of the provisions of any Act or State Act relating to insolvency or bankruptcy”.
The drafting of the Bankruptcy Amendment (Discharge from Bankruptcy) Bill 2023 might therefore need close scrutiny.