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OVERSEAS TRAVEL
OVERSEAS TRAVEL
CAN I LEAVE AUSTRALIA IF I BECOME BANKRUPT?
Reproduced by express permission form the Commonwealth Government, Insolvency
and Trustee Services Australia.
January 2004 Edition
Can I leave Australia if I become bankrupt?
You can leave Australia while you are bankrupt but you must obtain your
trustee’s written consent before you leave.
Your trustee will need to be satisfied that you have legitimate reasons for
the proposed travel e.g.:
- as a condition of your employment
- for compassionate reasons.
Your trustee may impose written conditions when giving permission such as:
- the period or duration of travel
- the date you are required to return to Australia
- that you pay any contributions you have been assessed to
pay.
Contributions are sums of money that a bankrupt person is required to
regularly pay to the trustee from their income.
More information is available in the pamphlet: Income Contributions
You are allowed to have a passport however you must hand it over to
your trustee on request.
Bankruptcy is a process where people who cannot pay their debts become
bankrupt to receive the protection of the Bankruptcy Act and their estate is
administered by a trustee. It allows for the fair distribution of property
among creditors and the prosecution of dishonest debtors.
Your trustee can be either a registered trustee or ITSA.
Your trustee may refuse permission if:
- you have not carried out all of your obligations under the
Bankruptcy Act e.g. filing a Statement of Affairs
or
- you are required to assist your trustee in the
administration of your bankruptcy e.g. to attend an interview, examination or
a meeting of creditors.
If you don’t return to Australia when you said you would, or if your
trustee has asked you to return and you do not, your trustee may lodge an
objection to your discharge. If an objection is lodged your bankruptcy will be
extended by 8 years from the date you return to Australia.
Warning:
If you leave, or try to leave Australia without the written consent of your
trustee, you are committing an offence under the Bankruptcy Act, punishable by
law. You may be prevented form leaving Australia at the airport or ship
terminal.
Contravening a condition imposed by your trustee is also an offence under the
Bankruptcy Act punishable by law.
How do I apply for permission?
Write to your trustee as soon as you become aware that you may need to leave
Australia explaining:
- the reasons for the proposed trip
- the name of the countries you propose to visit
- the date you intend to leave Australia
- the date you intend to return to Australia
- the name of the person paying for the trip, and a
confirming letter from that party (unless you propose paying for the trip
yourself)
- an overseas address where your trustee could readily
contact you
- your level of income in the current Contribution Assessment
Period (CAP)
Your CAP will generally be the 12 month period beginning on the date of, or
anniversary of, your bankruptcy. Ask you trustee if you do not know.
- proposed arrangements for paying any contribution liability
whilst overseas.
Your trustee must have adequate time and information to consider your
request. Your request must be in writing so that your trustee understands
exactly what you are requesting.
You will be advised promptly of the trustee’s decision and any conditions
placed on your travel.
If you are not satisfied with your trustee’s decision you may apply to the
Federal Court or the Federal Magistrates Service for a review. You should seek
legal advice before making an application.
Where to contact us
ITSA website wwwitsa.gov.au
ITSA Offices
ACT
Level 2, NFF House, 14-16 Brisbane Avenue BARTON ACT 2600
Tel: 1300 364 785
Fax: (02) 6270 3608
email: itsa.canberra@itsa.gov.au
New South Wales
GPO Box 548 SYDNEY NSW 2001 Level 8, 135 King Street SYDNEY NSW 2000
Tel: 1300 364 785
Fax: (02) 8233 7891
email: itsa.sydney@itsa.gov.au
Queensland
Brisbane
PO Box 10443 Adelaide Street BRISBANE QLD 4001
Level 16, 340 Adelaide Street BRISBANE OLD 4000
Tel: 1300 364 785
Fax: (07) 3360 5466
email: itsa.brisbane@itsa.gov.au
Townsville
PO Box 1527 TOWNSVILLE QLD 4810 Level 1,
National Australia Bank Building 315 Ross River Road AITKENVALE OLD 4814
Tel: 1300 364 785
Fax: (07) 4727 0500
email: itsa.townsviIIe-0itsa.gov.au
South Australia/Northern Territory
GPO Box 2604 ADELAIDE SA 5001
Level 18, Grenfell Centre 25 Grenfell Street ADELAIDE SA 5000
Tel: 1300 364 785
Fax: (08) 8112 4305
email: itsa.adelaide@itsa.gov.au
Tasmania
GPO Box 850 HOBART TAS 7001
Level 4, ANZ Centre 22-26 Elizabeth Street HOBART TAS 7000
Tel: 1300 364 785
Fax: (03) 6221 7700
email: itsa.hobart@itsa.gov.au
Victoria
Level 10, Melbourne Central 360 Elizabeth Street MELBOURNE VIC 3000
Tel: 1300 364 785
Fax: (03) 9272 4900
email: itsa.melbourne@itsa.gov.au
Western Australia
GPO Box H536 PERTH WA 6841
Level 12, Durack Centre 263 Adelaide Terrace PERTH WA 6000
Tel: 1300 364 785
Fax: (08) 9268 1298
email: itsa.perth@itsa.gov.au
More information pamphlets are available.
See the website or contact ITSA for a complete list.
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