Leaving Australia

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  • Bankrupts must hand their passport to the trustee unless excused by the trustee (Bankruptcy Act s 77(1)(a)(ii)).

  • Bankrupts must apply in writing to the trustee for permission to travel overseas and pay a fee to make this application. If AFSA is the trustee, it generally considers the following criteria when deciding whether or not to give permission to travel:

    • Is the travel necessary to earn income?

    • Does the travel relate to the death or serious illness of a close relative?

    • Has the bankrupt made arrangements for making compulsory contributions in advance?

    • Can the bankrupt show that someone else is paying for the travel?

    • Is there a return ticket?

Leaving Australia

Chapter: 5.3: Understanding bankruptcy

Contributor: Paul Latimer, Adjunct Professor, Swinburne Law School; Volunteer lawyer, Fitzroy Legal Service

Current as of: 1 September 2024

Law Handbook Page: 331

Next Section: Criminal offences under the Bankruptcy Act

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