All bankrupts must hand over their passports when requested by their trustee (although not all trustees ask for the passport to be handed over), but may ask for the return of the passport during the bankruptcy and the trustee must have a good reason for refusing the request. A bankrupt whether they are a compulsory contributor or not may not leave Australia during the bankruptcy without the trustee's written consent [Bankruptcy Act 1966 (Cth) s 272]. Where the bankrupt is a compulsory contributor, the trustee may impose conditions including payment of the contribution liability [s 272(2)].
Where a bankrupt leaves Australia without the trustee's written consent or contravenes any of the conditions imposed, an offence is committed and the bankruptcy may be extended for eight years commencing on the bankrupt's return to Australia and/or upon conviction face up to one year in gaol.
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