Bankruptcy Regulations 1996 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation
(the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
These Regulations are the
Bankruptcy Regulations 1996 .
(1) In these Regulations, unless the contrary intention appears:
1985 Rural Adjustment Grant Scheme means a scheme established and operated by a State or the Northern Territory in accordance with:
(a) the agreement between the Commonwealth, the States and the Northern Territory the execution of which, on behalf of the Commonwealth, was approved by the
States and Northern Territory Grants (Rural Adjustment) Act 1985 ; or(b) that agreement as subsequently amended.
1988 Rural Adjustment Grant Scheme means a scheme established and operated by a State or the Northern Territory in accordance with:
(a) an agreement between the Commonwealth and that State or Territory whose execution, on behalf of the Commonwealth, was approved by the
States Grants (Rural Adjustment) Act 1988 ; or(b) that agreement as subsequently amended.
Act means theBankruptcy Act 1966 .
commencement date means 16 December 1996.
contribution assessment period has the meaning given by section 139K of the Act.
CPI rate , in relation to a financial year, means the annual average of the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician in respect of the quarters in the year.
Criminal Code means the Criminal Code set out in the Schedule to theCriminal Code Act 1995 , being that Code as amended from time to time.
DEP scheme means the scheme mentioned in section 52C of theFarm Household Support Act 1992 .
farm help re‑establishment grant scheme means the scheme mentioned in section 52A of theFarm Household Support Act 1992 .
FC (Bankruptcy) Rules means theFederal Court (Bankruptcy) Rules 2016 .
FCC (Bankruptcy) Rules means theFederal Circuit Court (Bankruptcy) Rules 2016 .
Fees and Remuneration Determination means each determination made under subsection 316(1) of the Act, as in force from time to time.
registered liquidator has the meaning given by the Corporations Law.
Rural Adjustment Grant Scheme means a scheme established and operated by a State or the Northern Territory in accordance with:
(a) the agreement between the Commonwealth and the States the execution of which, on behalf of the Commonwealth, was approved by the
States Grants (Rural Adjustment) Act 1976 ; or(b) that agreement as subsequently amended, including that agreement as amended by:
(i) the agreement between the Commonwealth, the States and the Northern Territory the execution of which, on behalf of the Commonwealth, was approved by the
States and Northern Territory Grants (Rural Adjustment) Act 1979 ; or(ii) that agreement as subsequently amended.
Rural Adjustment Scheme has the meaning given by section 4 of theRural Adjustment Act 1992 .
Rural Reconstruction Grant Scheme means a scheme established and operated by a State in accordance with:
(a) the agreement between the Commonwealth and the States the execution of which, on behalf of the Commonwealth, was approved by the
States Grants (Rural Reconstruction) Act 1971 ; or(b) that agreement as subsequently amended.
rural support scheme has the meaning given by subsection 5(1) of the Act.
Sugar Industry Reform Program means the scheme known as the Sugar Industry Reform Program 2004 made under the Sugar Industry Reform Program Guidelines as in force on 29 April 2004, administered by the Department of Agriculture, Fisheries and Forestry.
the court ,in relation to a judgment or order, means the court by which the judgment was given or the order was made.
the Index means the National Personal Insolvency Index established by subregulation 13.02(1).
Tobacco Grower Adjustment Assistance Package means the scheme known as the Tobacco Grower Adjustment Assistance Package 2006 made under the Tobacco Grower Adjustment Assistance Package Guidelines as in force on 2 March 2007, administered by the Department of Agriculture, Fisheries and Forestry.
(2) A reference in these Regulations to a form of a specified number is a reference to the form of that number in Schedule 1.
Chapter 2 of the
Criminal Code applies to offences against these Regulations.Note: Chapter 2 of the
Criminal Code sets out the general principles of criminal responsibility.
For the purposes of section 20J of the Act, the prescribed rate of interest is 7 percent per year.
Note: This rate is prescribed under subsections 20J(2) and (4) of the Act.
For the purposes of paragraph 12(4)(b) of the Act, the following professional disciplinary bodies are prescribed:
(a) the Australian Restructuring Insolvency and Turnaround Association;
(b) CPA Australia;
(c) Chartered Accountants Australia and New Zealand;
(d) the Institute of Public Accountants;
(e) the New South Wales Bar Association;
(f) the Law Society of New South Wales;
(g) the Victorian Legal Services Commissioner;
(h) the Victorian Legal Services Board;
(i) the Bar Association of Queensland;
(j) the Queensland Law Society;
(k) the Legal Practice Board of Western Australia;
(l) the Law Society of South Australia;
(m) the Legal Profession Conduct Commissioner of South Australia;
(n) the Law Society of Tasmania;
(o) the Law Society of the Australian Capital Territory;
(p) the Law Society Northern Territory.
For the purposes of subsection 29(5) of the Act, each of the countries specified in the following table is prescribed:
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(1) Subject to subregulation (2), to apply for the issue of a bankruptcy notice, a person must lodge with the Official Receiver:
(a) an application in the approved form; and
(b) 1 of the following documents in relation to the final judgment or final order specified by the person on the approved form:
(i) a copy of the sealed or certified judgment or order;
(ii) a certificate of the judgment or order sealed by the court or signed by an officer of the court;
(iii) a copy of the entry of the judgment or order certified as a true copy of that entry and sealed by the court or signed by an officer of the court.
(2) If the final judgment or final order specified by the person on the approved form is an award mentioned in paragraph 40(3)(a) of the Act, the person must lodge with the Official Receiver:
(a) an application in the approved form; and
(b) a copy of the award certified as a true copy by the arbitrator who made the award or, failing the arbitrator, by an officer of the Court after having compared the copy with the original award; and
(c) a sealed or certified copy of the order giving leave to enforce the award.
Note 1: For bankruptcy notices, see regulation 4.02 and Form 1.
Note 2: A fee is payable to the Official Registrar for an application under this regulation—see Fees and Remuneration Determination.
(1) For the purposes of subsection 41(2) of the Act, the form of bankruptcy notice set out in Form 1 is prescribed.
(2) A bankruptcy notice must follow Form 1 in respect of its format (for example, bold or italic typeface, underlining and notes).
(3) Subregulation (2) is not to be taken as expressing an intention contrary to section 25C of the
Acts Interpretation Act 1901 .Note: Under section 25C of the
Acts Interpretation Act 1901 , where an Act prescribes a form, then, unless the contrary intention appears, strict compliance with the form is not required and substantial compliance is sufficient; see also paragraph 46(1)(a) of that Act for the application of that Act to legislative instruments other than Acts.
For the purposes of paragraph (a) of the definition of
statutory minimum in subsection 5(1) of the Act, the amount prescribed is $10,000.
A bankruptcy notice must be served within:
(a) the period of 6 months commencing on the date of issue of the bankruptcy notice; or
(b) any further period that the Official Receiver allows (whether within or outside that period of 6 months).
Note 1: If paragraph (b) applies to a bankruptcy notice, a fee is payable under the Fees and Remuneration Determination.
Note 2: A bankruptcy notice may be served by any of the methods mentioned in regulation 16.01.
(1) Subject to subregulation (2), the only persons who may inspect a bankruptcy notice lodged with the Official Receiver are:
(a) a person specified in the notice; and
(b) a party to a proceeding to which the notice relates; and
(c) a solicitor acting for a person mentioned in paragraph (a) or (b).
(2) If a creditor’s petition is presented that is founded on an act of bankruptcy consisting of failure to comply with a bankruptcy notice, that notice (as lodged with the Official Receiver) is open to public inspection.
(1) This regulation applies to a bankruptcy notice if the judgment or order lodged under subregulation 4.01(1) in relation to the notice is expressed in an amount of foreign currency (whether or not the judgment or order is also expressed in an amount of Australian currency).
(2) A bankruptcy notice to which this regulation applies must:
(a) contain a statement to the effect that payment of the amount of foreign currency expressed in the judgment or order may be paid in that foreign currency or by means of a specified amount of Australian currency that is stated to be equivalent to the amount of foreign currency; and
(b) set out:
(i) the applicable rate of exchange, being the rate worked out in accordance with subregulation (3); and
(ii) the conversion calculation; and
(iii) a statement that the conversion of the amount of foreign currency into Australian currency has been made in accordance with this regulation.
(3) For paragraph (2)(b), the conversion of an amount of foreign currency into an equivalent amount of Australian currency must be done in accordance with the telegraphic rate of exchange prevailing on the second day before the day when the application to which the conversion applies is lodged under subregulation 4.01(1).
(1) A creditor who presents a petition under Division 2 of Part IV of the Act must, within 2 business days after the petition is endorsed by the Court, give an endorsed copy of the petition to the Official Receiver.
(3) A creditor who presents a petition under Division 2 of Part IV of the Act must give a copy of any order, endorsed by the Court, dismissing, staying or extending the petition, or adjourning the hearing of the petition, to the Official Receiver within 2 business days after the Court has endorsed the order.
(1) Where the Court makes a direction or other order under subsection 50(1) of the Act, the creditor who applied for the direction or other order must, within 7 days, serve the following documents in accordance with subregulation (2):
(a) a copy of the application;
(b) a copy of any affidavit filed in support of the application;
(c) a certified copy of the direction or other order.
(2) The documents must be served:
(a) on the trustee who the Court has directed to take control of the debtor’s property; and
(b) except where that person is the Official Trustee—on the Official Receiver.
(1) Where:
(a) the Court makes a direction or other order under subsection 50(1) of the Act; and
(b) the amount deposited, in accordance with the direction or other order of the Court, with the Official Trustee or a registered trustee is insufficient to meet the fees and expenses incurred by the Official Trustee or registered trustee:
(i) as a result of the direction or other order; or
(ii) in carrying out an examination of a person as a result of the issue of a summons under subsection 50(2) of the Act;
the Official Trustee or registered trustee may:
(c) request the creditor who made the application under subsection 50(1) of the Act; or
(d) apply to the Court for an order directing that creditor;
to deposit with the Official Trustee or the registered trustee a specified additional sum.
(2) Where the Court, under section 50 of the Act, directs the Official Trustee or a registered trustee to take control of the property of a debtor, and subsequently any of the following events occurs:
(a) the debtor enters into a personal insolvency agreement, or the debtor’s estate is administered under Part XI of the Act, and the Court authorises the Official Trustee or the registered trustee to transfer the property to some other person;
(b) a sequestration order is made against the debtor;
(c) the creditor’s petition against the debtor is dismissed;
(d) a debtor’s petition relating to the debtor is accepted by the Official Receiver;
(e) a proposal by the debtor relating to a debt agreement is accepted under section 185B of the Act;
the creditor is entitled to a refund of the amount deposited by him or her in accordance with the direction or other order of the Court to meet the fees and expenses of the Official Trustee or the registered trustee incurred:
(f) as a result of the direction; or
(g) in carrying out an examination of a person as the result of the issue of a summons;
less the amount of any fees or expenses so incurred.
Where:
(a) the Court has made a direction or other order under subsection 50(1) of the Act; and
(b) the creditor’s petition against the debtor is subsequently dismissed;
the debtor may, within 21 days after the day on which the petition is dismissed, apply to the Court for an order for:
(c) the assessment of the amount of any damage resulting from the control of the property of the debtor by the Official Trustee or a registered trustee in accordance with the order; and
(d) the payment by the creditor to the debtor of an amount so assessed.
For the purposes of subsection 50(5) of the Act, section 81 of the Act is modified as follows:
(a) by omitting from subsection (2) ‘An’ and substituting ‘Subject to subsection (2A), an’;
(b) by inserting after subsection (2) the following subsection:
‘(2A) The Court or a magistrate may direct that an examination, or any part of an examination, under this section shall be held in private.’;
(c) by omitting from subsection (9) ‘is the trustee’ and substituting ‘has been directed to take control of the property of the debtor’;
(d) by omitting subsection (10A);
(e) by omitting subsection (14) and substituting the following subsections:
‘(14) Subject to subsection (14A), the applicant for an examination under this section is to pay the costs incurred in connection with the examination.
‘(14A) The Court or a magistrate may order that all or some of the costs mentioned in subsection (14) are to be paid by the debtor.’.
Where, under paragraph 54C(a) of the Act, the Official Receiver accepts and signs a declaration, the Official Receiver must give a copy of the signed declaration to the debtor.
(1) For the purposes of subsections 54D(1), 55(3A), 56B(5) and 57(3A) of the Act, the following information is prescribed:
(a) information about alternatives to bankruptcy;
(b) information about the consequences of bankruptcy;
(c) information about sources of financial advice and guidance to persons facing or contemplating bankruptcy;
(d) information about a debtor’s right to choose whether the bankruptcy is administered by a registered trustee or the Official Trustee;
(e) a statement that it is an act of bankruptcy for a debtor to present to the Official Receiver, under section 54A of the Act, a declaration of intention to present a debtor’s petition.
(2) The information must be factual and objective.
(3) The Official Receiver must not accept a declaration of intention to present a debtor’s petition under section 54A of the Act or a debtor’s petition under section 55, 56B or 57 of the Act unless the debtor has given to the Official Receiver a signed acknowledgement (which may be included in or appended to the petition) that the debtor has received and read the prescribed information.
(4) If the debtor presents a petition without having given the acknowledgement, the Official Receiver must:
(a) if the debtor presents the petition in person—give the prescribed information to the debtor; or
(b) if the debtor presents the petition by post—post the prescribed information to the debtor.
(5) Subregulation (6) applies if a person (the
intending petitioner ) intends to present a petition under Division 2 of Part IV of the Act and the intending petitioner is:
(a) unable to read the relevant material, because he or she is:
(i) blind, partially sighted, illiterate or partially literate; or
(ii) insufficiently familiar with the English language; or
(b) unable to sign the petition or the acknowledgment, because of a physical incapacity.
(6) The petition and the acknowledgement may be signed by another person, who must sign a statement:
(a) if subparagraph (5)(a)(i) applies—that he or she has read the relevant material to the intending petitioner; or
(b) if subparagraph (5)(a)(ii) applies—that he or she has interpreted the relevant material to the intending petitioner in a language with which both persons are familiar; or
(c) if paragraph (5)(b) applies—that he or she believes that the intending petitioner has read and understood the relevant material.
(7) In this regulation:
relevant material means the petition, the prescribed information and the acknowledgment.
Where:
(a) a debtor presents, or 2 or more debtors present, a petition to the Official Receiver under section 55, 56B or 57 of the Act; and
(b) there is in force under section 156A of the Act the consent of a registered trustee to act as the trustee of:
(i) the estate of the debtor; or
(ii) in the case of 2 or more debtors—the separate estates, the joint estates, or the joint and separate estates, of the debtors or any of them;
the petition to the Official Receiver must have with it the original, or a clearly legible photocopy, of the instrument of consent.
(1) Notice by the Official Receiver under subsection 56C(2) of the Act must:
(a) be in writing; and
(b) state that the petition has been referred to the Court specified in the notice; and
(c) state the date, time and place of hearing of the petition.
(2) The Official Receiver must give the notice:
(a) at least 7 days before that date; and
(b) in accordance with regulation 16.01;
to each member to whom, under that subsection, it is required to be given.
Where a person is arrested under section 78 of the Act, the arresting officer must immediately notify a Registrar of the arrest.
(1) This regulation applies in relation to a request by a bankrupt to the Official Trustee for the Official Trustee’s consent, under paragraph 272(1)(c) of the Act, to the bankrupt leaving Australia.
(2) A fee is payable to the Official Trustee in relation to the making of the request.
Note: For the amount of the fee, see the Fees and Remuneration Determination.
(1) Payment of proceeds of the property of a bankrupt under paragraph 109(1)(a) of the Act is to be in the order set out in Schedule 3.
(2) For the purposes of item 5 of Schedule 3:
(a) a reference to the petitioning creditor is taken to include a reference to a petitioner whose petition has not been proceeded with because of the acceptance of the debtor’s petition; and
(b) paragraph (a) applies irrespective of whether the debtor’s petition was referred to the Court under subsection 55(3B) of the Act or, if the petition was so referred, the outcome of the reference.
(1) For the purposes of paragraph 109(1)(e) of the Act, the maximum amount due to or in respect of an employee of a bankrupt is:
(a) in the case of a bankruptcy occurring or continuing in the period commencing on the commencement date and ending at the end of 30 June 1997—$3,100; or
(b) in the case of a bankruptcy occurring in a financial year commencing on 1 July 1997 or on 1 July of a subsequent year—the amount worked out in accordance with subregulation (2).
(2) For the purposes of subparagraph (1)(b), the applicable amount is:
(a) in the case of the financial year commencing on 1 July 1997—$3,100 increased in accordance with the CPI rate for the financial year that commenced on 1 July 1996 and rounded down to the nearest multiple of $50; and
(b) in the case of a subsequent financial year—the amount worked out in accordance with this subregulation for the immediately preceding financial year, increased in accordance with the CPI rate for that financial year and rounded down to the nearest multiple of $50.
Example: In the case of a bankruptcy occurring in the financial year 1997‑1998, the applicable CPI rate is the rate for 1996‑1997.
Note: For the meaning of
financial year , see para. 22(1)(e) of theActs Interpretation Act 1901 .
(1) For the purposes of subparagraph 116(2)(b)(i) of the Act, household property of the bankrupt specified in this regulation is household property to which subsection 116(1) of the Act (which deals with property divisible among the creditors) does not extend.
(2) Subsection 116(1) of the Act does not extend to household property (including recreational and sports equipment) that is reasonably necessary for the domestic use of the bankrupt’s household, having regard to current social standards.
(3) In particular (but without limiting by implication the generality of subregulation (2)), subsection 116(1) of the Act does not extend to property of the following kinds:
(a) in the case of kitchen equipment, cutlery, crockery, foodstuffs, heating equipment, cooling equipment, telephone equipment, fire detectors and extinguishers, anti‑burglar devices, bedding, linen, towels and other household effects—that property to the extent that it is reasonably appropriate for the household, having regard to the criteria mentioned in subregulation (4);
(b) sufficient household furniture;
(c) sufficient beds for the members of the household; and
(d) educational, sporting or recreational items (including books) that are wholly or mainly for the use of children or students in the household;
(e) 1 television set;
(f) 1 set of stereo equipment;
(g) 1 radio;
(h) either:
(i) 1 washing machine and 1 clothes drier; or
(ii) 1 combined washing machine and clothes drier;
(i) either:
(i) 1 refrigerator and 1 freezer; or
(ii) 1 combination refrigerator/freezer;
(j) 1 generator, if relied on to supply electrical power to the household;
(k) 1 telephone appliance;
(l) 1 video recorder.
(4) For the purposes of deciding whether property, other than property of a kind mentioned in paragraphs (3)(b) to (l) (both inclusive), is property to which subregulation (2) applies, regard must be had to the following criteria:
(a) the number and ages of members of the bankrupt’s household;
(b) any special health or medical needs of any of those members;
(c) any special climatic or other factors (including geographical isolation) of the place where the household residence is located;
(d) whether the property is reasonably necessary for the functioning or servicing of the household as a viable and properly run household;
(e) whether the costs of seizure, storage and sale of the property would be likely to exceed the sale price of the property;
(f) if paragraph (e) does not apply—whether for any other reason (for example, costs of transport) the sale of the property would be likely to be uneconomical.
(5) The preceding provisions of this regulation do not prevent subsection 116(1) of the Act from extending to antique items.
(6) For the purposes of subregulation (5), an item is taken to be antique if, and only if, a substantial part of its market value is attributable to its age or historical significance.
(1) For subparagraph 116(2)(ba)(ii) of the Act, sporting, cultural, military or academic awards made to the bankrupt in recognition of his or her performance are personal property to which subsection 116(1) of the Act does not extend.
(2) Subregulation (1) does not apply to a monetary award.
(1) For the purposes of subparagraph 116(2)(c)(i) of the Act, the maximum total value of a bankrupt’s property that is for use by the bankrupt in earning income by personal exertion is:
(a) in the case of a bankruptcy occurring or continuing in the period commencing on the commencement date and ending at the end of 30 June 1997—$2,600; or
(b) in the case of a bankruptcy occurring in a financial year commencing on 1 July 1997 or on 1 July of a subsequent year—the amount worked out in accordance with subregulation (2).
(2) For the purposes of subparagraph (1)(b), the applicable amount is:
(a) in the case of the financial year commencing on 1 July 1997—$2,600 increased in accordance with the CPI rate for the financial year that commenced on 1 July 1996 and rounded down to the nearest multiple of $50; and
(b) in the case of a subsequent financial year—the amount worked out in accordance with this subregulation for the immediately preceding financial year, increased in accordance with the CPI rate for that financial year and rounded down to the nearest multiple of $50.
(3) For the purposes of paragraph 116(2)(ca) of the Act, the maximum aggregate value of property used by the bankrupt primarily as a means of transport is:
(a) in the case of a bankruptcy occurring or continuing in the period commencing on the commencement date and ending at the end of 30 June 1997—$5,000; or
(b) in the case of a bankruptcy occurring in a financial year commencing on 1 July 1997 or on 1 July of a subsequent year—the amount worked out in accordance with subregulation (4).
(4) For the purposes of subparagraph (3)(b), the applicable amount is:
(a) in the case of the financial year commencing on 1 July 1997—$5,000 increased in accordance with the CPI rate for the financial year that commenced on 1 July 1996 and rounded down to the nearest multiple of $50; and
(b) in the case of a subsequent financial year—the amount worked out in accordance with this subregulation for the immediately preceding financial year, increased in accordance with the CPI rate for that financial year and rounded down to the nearest multiple of $50.
For paragraph 116(2)(k) of the Act, the following rural support schemes are prescribed:
(a) DEP scheme;
(b) farm help re‑establishment grant scheme.
For paragraph 116(2)(l) of the Act, each rural support scheme mentioned in the following table, and the circumstances mentioned for the scheme, are prescribed.
1 | 1985 Rural Adjustment Grant Scheme | Assistance is required by a person engaged in the agricultural industry, in the form of a loan for rehabilitation or household support |
2 | 1988 Rural Adjustment Grant Scheme | Assistance is required by a person engaged in the agricultural industry, in the form of a grant or loan for rehabilitation or household support |
3 | Rural Adjustment Grant Scheme | Assistance is required by a person engaged in the agricultural industry, in the form of a grant or loan for rehabilitation or household support |
4 | Rural Adjustment Scheme | Assistance is required by a person engaged in the agricultural industry, in the form of a grant or loan for rural adjustment |
5 | Rural Reconstruction Grant Scheme | Assistance is required by a person engaged in the agricultural industry, in the form of a grant or loan for rehabilitation |
6 | Sugar Industry Reform Program | Assistance is required in the form of a grant to enable a person engaged in the sugar industry, as a grower or harvester, to exit all agricultural industries |
7 | Tobacco Grower Adjustment Assistance Package | Assistance is required in the form of a grant to enable a person engaged, or previously engaged, in the tobacco industry as a grower to exit all agricultural industries |
The kind of transfer of property to which paragraph 120(2)(d) of the Act applies is one where the costs of recovering the transferred property would, in the trustee’s opinion, be likely to exceed the value to the creditors of the property.
(1) A notice of disclaimer under subsection 133(1) or (1A) of the Act must:
(a) in every case—adequately identify:
(i) the bankrupt to whom the notice relates; and
(ii) the property or contract being disclaimed; and
(b) in the case of disclaimer, without the leave of the Court, of:
(i) a lease—set out facts showing that subsection 133(4) of the Act has been complied with; or
(ii) a contract—set out facts showing that the contract is, for the purposes of subsection 133(5A) of the Act, an unprofitable contract.
(2) A trustee who gives a notice of disclaimer under subsection 133(1) or (1A) of the Act must give the notice to each person who, to the trustee’s knowledge:
(a) in the case of disclaimer of property—has an interest in the property; or
(b) in the case of a contract—is entitled to a benefit of, or subject to a burden or liability under, the contract.
In this Division:
FBTA Act means theFringe Benefits Tax Assessment Act 1986 as in force at the beginning of 1 July 1992.
(1) For the purposes of subparagraph (a)(v) of the definition of
income in section 139L of the Act, the FBTA Act is modified in accordance with Schedule 4.(2) For those purposes, the following modifications of the FBTA Act apply:
(a) a reference to a year of tax is taken to be a reference to a contribution assessment period;
(b) a reference to the taxable value of a benefit is taken to be a reference to the value, for the purposes of the Act, of the benefit;
(c) a reference to the declaration date is taken to be a reference to the date occurring 21 days after the end of the contribution assessment period in relation to the bankrupt;
(d) a reference to a declaration to be given to the employer is taken to be a reference to a declaration to be given to the trustee;
(e) a reference to a form approved by the Commissioner is taken to be a reference to a form approved by the Inspector‑General;
(f) subject to paragraph (d), a reference to an employer, or to the employer, is taken to be a reference to any person (other than the bankrupt);
(g) a reference to an employee, or to the employee, is taken to be a reference to a bankrupt, or to the bankrupt, as the case requires;
(h) a reference (however expressed) to:
(i) the employment of the employee; or
(ii) an associate of the employee;
is to be disregarded.
(3) In spite of subregulations (1) and (2), the modifications specified or referred to in those subregulations do not apply in relation to the provision of a fringe benefit, within the meaning of the FBTA Act, where the provider of the fringe benefit:
(a) was the employer of the bankrupt; and
(b) provided the fringe benefit to the bankrupt in respect of his or her employment by the provider; and
(c) was not an employer over whom the bankrupt exercised effective control, whether directly or indirectly.
For subparagraph (b)(v) of the definition of
income in section 139L of the Act, payments of restart income support, being payments of a kind mentioned in paragraph (a) of the definition ofrestart scheme payments in subsection 3(2) of theFarm Household Support Act 1992 , are not income of a bankrupt.
(1) Subject to subregulation (2), for subparagraph (b)(v) of the definition of
income in section 139L of the Act, the following contributions and payments made for the purpose of providing superannuation benefits for a bankrupt person are not income of the person:
(a) contributions made by, or on behalf of, each employer of the person to the extent that the contributions reduce the employer’s potential liability for the superannuation guarantee charge imposed under section 5 of the
Superannuation Guarantee Charge Act 1992 ;(b) contributions made by, or on behalf of, each employer of the person in accordance with the employer’s obligation to make contributions for the person under:
(i) an industrial award or determination made under a law of the Commonwealth, a State or a Territory; or
(ii) an industrial agreement registered, made or lodged under a law of the Commonwealth, a State or a Territory; or
(iii) a law of the Commonwealth, or of a State or Territory;
that exceed the contributions, made by or on behalf of the employer, mentioned in paragraph (a);
(c) payments of shortfall components made to, or for the benefit of, the person under sections 65 to 67 of the
Superannuation Guarantee (Administration) Act 1992 .(2) Contributions for a year are taken to be income of a person if:
(a) the contributions exceed 9% of the employee’s ordinary time earnings for the year; and
(b) the employer has an obligation to make the contributions that arise under an individual industrial agreement; and
(c) the contributions are not contributions of the kind mentioned in subparagraph (1)(b)(iii).
(3) For this regulation:
individual industrial agreement means an industrial agreement made solely between the employer and the person, including the following:
(a) an AWA, or an ITEA, to which the
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 applies;(b) a similar agreement under the law of a State or Territory.
ordinary time earnings has the meaning given by section 6 of theSuperannuation Guarantee (Administration) Act 1992 .
shortfall component has the same meaning as it has in Part 8 of theSuperannuation Guarantee (Administration) Act 1992 .
(1) For subparagraph (b)(v) of the definition of
income in section 139L of the Act, the following payments or amounts are not income of a bankrupt:
(a) a payment or amount of family tax benefit paid under the family assistance law;
(b) an amount that is not income for the purposes of the
Social Security Act 1991 because of subsection 8(8) of that Act, except for a payment or amount mentioned in paragraph (a), (h), (ha), (k), (ka), (m), (z), (za) or (zb) of that subsection.(2) For this regulation,
family assistance law has the same meaning as in theA New Tax System (Family Assistance) (Administration) Act 1999 .
For subparagraph (b)(v) of the definition of
income in section 139L of the Act, any of the following is not income of a bankrupt:
(a) an amount paid to a person under the DEP scheme;
(b) an amount paid to a person under the Sugar Industry Reform Program for the prescribed circumstance mentioned for it in regulation 6.04B;
(c) an amount paid to a person under the Tobacco Grower Adjustment Assistance Package for the prescribed circumstance mentioned for it in regulation 6.04B.
In this Division:
contributing bankrupt means a bankrupt who is liable to make contributions.
contribution means a contribution payable or paid under section 139P or 139Q of the Act.
(1) A contributing bankrupt may pay a contribution in any of the following ways:
(a) in cash to the trustee at the trustee’s office during business hours;
(b) by bank draft, cheque, money order or postal order payable to the trustee and delivered or posted to that office;
(c) by deposit of the amount of the contribution in, or transfer of that amount to, the trustee’s bank account;
(d) any other method authorised in writing by the trustee.
(2) In the case of payment by cheque, payment is taken to occur when the cheque is cleared and the amount of the payment is credited to the account into which the cheque is deposited.
(3) The trustee may, on reasonable notice in writing to the bankrupt, vary or cancel an authorisation under paragraph (1)(d).
(4) If the trustee incurs a delivery or postal charge (including a surcharge) or bank charge in connection with the receipt or processing of payment of a contribution, the trustee may reimburse himself or herself for the amount of the charge from the bankrupt’s estate.
If a contributing bankrupt dies during a contribution assessment period:
(a) no refund is payable in respect of any part of a contribution paid by or on behalf of the bankrupt in respect of that period; and
(b) if a contribution in respect of that period remains unpaid, the deceased bankrupt’s estate is liable for the portion of the contribution attributable to the part of the period occurring before the date of death.
Note: For proceedings in bankruptcy on the death of the bankrupt, see s. 63 of the Act.
(1) For paragraph (c) of the definition of
dependant in section 139K of the Act, the amount is $2 500.(2) Section 304A of the Act applies to this regulation as if the amount mentioned in subregulation (1) were an amount also mentioned in the definition of
indexable amount in subsection 304A(1) of the Act.
(1) A trustee may give a certificate, signed and dated by the trustee, stating:
(a) that the trustee has made an assessment under subsection 139W(1) or (2) of the Act in relation to a bankrupt; and
(b) the amount of the contribution to which the assessment relates that the bankrupt is liable to pay; and
(c) that the trustee has given notice setting out particulars of the assessment to the bankrupt under subsection 139W(4) of the Act; and
(d) the respective dates of the assessment and the notice.
(2) In proceedings against the bankrupt for recovery of the amount, or part of the amount, of a contribution, the certificate:
(a) is evidence that the bankrupt is liable to pay the amount of contribution stated in the certificate; and
(b) may be tendered in evidence without further proof.
(1) If:
(a) a person is discharged from bankruptcy; and
(b) immediately before being discharged he or she was a contributing bankrupt; and
(c) after the discharge he or she remains liable, under section 139R of the Act, in respect of a contribution that is due and unpaid;
the person must at once give notice in writing to the trustee in relation to the bankruptcy if any change occurs in the particulars:
(d) set out in the person’s statement of affairs in relation to the bankruptcy; or
(e) notified by the person under section 80 of the Act.
Penalty: 10 penalty units
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For
strict liability , see section 6.1 of theCriminal Code .
A notice under section 139ZL of the Act must not specify money or property that is protected, under a law of the Commonwealth or a State or Territory, from a process such as assignment, attachment, charging, execution or garnishment.
(1) If the employer of a bankrupt receives a notice under section 139ZL of the Act in relation to the bankrupt and the employment of the bankrupt subsequently ceases, the employer must, within 21 days of the cessation, give notice in writing to the trustee of the bankrupt stating that, on the date specified in the notice, the bankrupt ceased to be employed by the employer.
Penalty: 2 penalty units
(2) Within 21 days after commencing employment with an employer, the bankrupt must give notice in writing to the trustee stating:
(a) the employer’s name and postal address; and
(b) the address of the place where the bankrupt is employed; and
(c) the amount of the bankrupt’s average gross weekly income from the employment.
Penalty: 2 penalty units
(3) An offence against subregulation (1) or (2) is an offence of strict liability.
Note: For
strict liability , see section 6.1 of theCriminal Code .
For the purposes of subsection 140(9) of the Act, the amount of $25 is prescribed.
A notice under subsection 145(3) of the Act must be given by serving it, in accordance with subregulation 16.01(1), on each person to whom, under the subsection, it must be given.
(1) This regulation applies to a registered trustee who is the trustee of the estate of a bankrupt, if:
(a) an objection to the discharge of the bankrupt has been made on a ground, or on grounds that include a ground, referred to in paragraph 149D(1)(a) or (h) of the Act (which refer to the bankrupt being out of Australia); and
(b) the bankrupt has returned to Australia; and
(c) the trustee becomes aware that the bankrupt has returned to Australia.
(2) Within 7 days after becoming aware that the bankrupt has returned to Australia, the registered trustee must give notice in writing to the Official Receiver stating:
(a) that the bankrupt has returned to Australia; and
(b) the date on which:
(i) the bankrupt returned; or
(ii) if the trustee does not know the date on which the bankrupt returned—the trustee became aware that the bankrupt had returned.
Penalty: 1 penalty unit
(3) An offence against subregulation (2) is an offence of strict liability.
Note: For
strict liability , see section 6.1 of theCriminal Code .
For paragraph 149D(1)(d) of the Act, a bankrupt is taken to have failed to comply with a request to provide information if the bankrupt has provided information that is incomplete or inaccurate.
(1) This regulation applies where the Administrative Appeals Tribunal (the
AAT ), on an application under section 149Q of the Act for review of a decision of a registered trustee to file a notice of objection to the discharge of a bankrupt, cancels or varies the decision.(2) Where this regulation applies, the registered trustee must, by notice in writing, inform the Official Receiver of the decision of the AAT.
(3) The registered trustee must give the notice within 7 days of being notified of the decision of the AAT.
(4) An offence against subregulation (3) is an offence of strict liability.
Penalty: 1 penalty unit.
Note: For
strict liability , see section 6.1 of theCriminal Code .
A trustee who signs an instrument under subsection 156A(1) of the Act in relation to a debtor must file the instrument with the Official Receiver:
(a) if the Court makes a sequestration order against the debtor’s estate—not later than 2 business days after the day on which the order is made; or
(b) otherwise—as soon as practicable after signing it.
Where a registered trustee becomes, under subsection 156A(3) of the Act, the trustee of an estate or of joint and separate estates, the Official Receiver may give the registered trustee a certificate to that effect.
(1) For the purposes of subsection 188(2A) of the Act, a person (other than the Official Trustee or a registered trustee) is not eligible to act as a controlling trustee if the person:
(a) is convicted of a criminal offence involving fraud or dishonesty, or was so convicted within the 10 years before the proposed authorisation; or
(b) is not insured against the liabilities the person may become subject to as a controlling trustee; or
(c) is a solicitor who no longer holds a practising certificate; or
(d) is an undischarged bankrupt or insolvent under administration, or became a party (as debtor) to a debt agreement or a Part X administration within the 10 years before the proposed authorisation; or
(e) is a person who the Inspector‑General decides under subregulation (3) has failed to properly exercise powers or carry out duties or to cooperate with an inquiry or investigation, or in relation to whom such a decision was made within the 3 years before the proposed authorisation; or
(f) either:
(i) is not a full member of the Australian Restructuring Insolvency and Turnaround Association; or
(ii) has not satisfactorily completed a course in insolvency approved by the Inspector‑General.
(2) The Inspector‑General may approve a course in insolvency by notice published on the Australian Financial Security Authority’s website.
(3) In addition to subregulation (1), a person who is, or has been, a controlling trustee is not eligible to act as a controlling trustee if the Inspector‑General determines that the person:
(a) has failed to properly exercise the powers, or carry out the duties, of a controlling trustee; or
(b) has refused, or failed to cooperate with the Inspector‑General in an inquiry or investigation under paragraph 12(1)(b) of the Act.
(4) If the Inspector‑General forms an opinion of the kind mentioned in paragraph (3)(a) or (b), the Inspector‑General must:
(a) by written notice, tell the person; and
(b) invite the person to respond within 28 days or such longer time as is specified in the notice.
(5) After the expiry of the time mentioned in paragraph (4)(b), the Inspector‑General may, having regard to the response (if any) of the person, make a determination under subregulation (3).
(6) If the Inspector‑General makes a determination under subregulation (3), the Inspector‑General must give the person a written notice of the determination, setting out the reasons.
Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Inspector‑General under subregulation 8.35(3).
(1) This regulation applies if a controlling trustee becomes ineligible to act as a controlling trustee under regulation 8.35.
(2) The Official Trustee must perform the duties of the controlling trustee unless and until the debtor appoints a controlling trustee who is eligible to so act.
(1) This regulation applies if the trustee of a regulated debtor’s estate is removed from the office of trustee of the estate by the Court or by the creditors.
(2) Notice must be given in writing to the Official Receiver stating the name of the trustee, the fact and the date of the removal and whether the removal was by the Court or the creditors.
(3) The notice must be given:
(a) in the case of removal by the Court—by the applicant to the Court for the removal, as soon as practicable after the making of the order for removal; or
(b) in the case of removal by the creditors—by the new trustee of the regulated debtor’s estate appointed by the creditors under section 90‑35 of Schedule 2 to the Act, as soon as practicable after the appointment.
(4) An offence against this regulation is an offence of strict liability.
Penalty: 1 penalty unit.
(1) The trustee of a regulated debtor’s estate must, within 5 working days of finalising the administration of the estate, give notice in writing of the finalisation to the Official Receiver.
Penalty: 1 penalty unit.
(2) The Official Receiver must promptly enter on the Index the fact that the administration of an estate has been finalised, where:
(a) the Official Receiver receives notice under subregulation (1); or
(b) the estate was administered by the Official Trustee.
(3) An offence against subregulation (1) is an offence of strict liability.
Penalty: 1 penalty unit.
(1) For paragraph 185C(2D)(b) of the Act, the following information is prescribed:
(a) information about alternatives to entering into a debt agreement;
(b) information about the consequences of making a debt agreement proposal;
(c) information about sources of financial advice and guidance to persons facing or contemplating entering into a debt agreement;
(d) a statement that it is an act of bankruptcy for a debtor to give to the Official Receiver a debt agreement proposal.
(2) The information must be factual and objective.
(3) The Official Receiver must not accept a debtor’s debt agreement proposal under Division 2 of Part IX of the Act, unless the debtor has given to the Official Receiver a signed acknowledgment that the debtor has received and read the prescribed information.
(4) If the debtor presents a debt agreement proposal without having given the acknowledgement, the Official Receiver must:
(a) if the debtor presents the debt agreement proposal in person—give the prescribed information to the debtor; or
(b) if the debtor presents the debt agreement proposal by post—post the prescribed information to the debtor.
(5) Subregulation (6) applies if a debtor intends to present a debt agreement proposal and the debtor is:
(a) unable to read the relevant material, because he or she is:
(i) blind, partially sighted, illiterate or partially literate; or
(ii) insufficiently familiar with the English language; or
(b) unable to sign the debt agreement proposal or the acknowledgment, because of a physical incapacity.
(6) The debt agreement proposal and the acknowledgement may be signed by another person, who must sign a statement:
(a) if subparagraph (5)(a)(i) applies—that he or she has read the relevant material to the debtor; or
(b) if subparagraph (5)(a)(ii) applies—that he or she has interpreted the relevant material to the debtor in a language with which both persons are familiar; or
(c) if paragraph (5)(b) applies—that he or she believes that the debtor has read and understood the relevant material.
(7) In this regulation:
relevant material means the debt agreement proposal, the prescribed information and the acknowledgment.
For the purposes of paragraph 186C(2)(e) of the Act, the qualifications are any of the following:
(a) any of the following awarded by an Australian tertiary education institution:
(i) a Certificate IV in Financial Services (Accounting) awarded for study starting between 10 July 2004 and 23 November 2010;
(ii) a Certificate IV in Accounting awarded for study starting between 24 November 2010 and 12 February 2018;
(iii) a Certificate IV in Accounting and Bookkeeping awarded for study starting on or after 13 February 2018;
(b) a degree, diploma or similar qualification for which the following conditions are met:
(i) it is of a level equivalent to or higher than the qualification mentioned in paragraph (a);
(ii) the study for it included the same or similar subject matter as the study for the qualification mentioned in paragraph (a);
(iii) it was awarded by an Australian tertiary education institution;
(c) a degree, diploma or similar qualification awarded by a foreign tertiary education institution and for which the Inspector‑General is satisfied the following conditions are met:
(i) it is of a level equivalent to or higher than the qualification mentioned in paragraph (a);
(ii) the study for it included the same or similar subject matter as the study for the qualification mentioned in paragraph (a);
(d) membership of either of the following bodies:
(i) Chartered Accountants Australia and New Zealand;
(ii) CPA Australia Ltd.
For the purposes of paragraphs 186C(3)(d) and (5)(d) of the Act, the amount is $500.
For section 187A of the Act, a provision of Part X of the Act specified in Part 1 of Schedule 6 is modified in accordance with that Part in relation to its application, in accordance with that section, to joint debtors, whether partners or not.
(1) For subsections 188(2AA) and (2AB) of the Act, the following information is prescribed:
(a) information about the consequences of entering into a personal insolvency agreement;
(b) information about sources of financial advice and guidance to persons facing or contemplating entering into a personal insolvency agreement;
(c) information about whether a personal insolvency agreement may be administered by a registered trustee or the Official Trustee;
(d) a statement that it is an act of bankruptcy if a debtor does any of the things mentioned in paragraphs 40(1)(i) to (m) of the Act;
(e) information about the processes under Part X of the Act;
(f) information about a debtor’s rights and responsibilities under Part X of the Act, including a debtor’s obligation to disclose all related entities;
(g) information about a controlling trustee’s obligation to disclose his or her relationship with a debtor.
(2) The information must be factual and objective.
(3) A person authorised under subsection 188(1) of the Act to take control of a debtor’s property must not consent to exercise the powers given by the authority unless the debtor has given the person a signed acknowledgement (which may be included with or appended to the authority) that the debtor has received and read the prescribed information.
(4) Subregulation (5) applies if a debtor intends to sign an authority and the debtor is:
(a) unable to read the relevant material, because he or she is:
(i) blind, partially sighted, illiterate or partially literate; or
(ii) insufficiently familiar with the English language; or
(b) unable to sign the authority or the acknowledgment, because of a physical incapacity.
(5) The authority and the acknowledgement may be signed by another person, who must sign a statement:
(a) if subparagraph (5)(a)(i) applies—that he or she has read the relevant material to the debtor; or
(b) if subparagraph (5)(a)(ii) applies—that he or she has interpreted the relevant material to the debtor in a language with which both persons are familiar; or
(c) if paragraph (5)(b) applies—that he or she believes that the debtor has read and understood the relevant material.
(6) In this regulation:
relevant material means the authority, the prescribed information and the acknowledgment.
(1) A registered trustee or solicitor who consents to exercise the powers given by an authority under section 188 of the Act must sign a consent in accordance with the approved form.
(2) The registered trustee or solicitor must, within 2 business days after consenting, give a copy of the signed consent to an Official Receiver.
(3) The registered trustee or solicitor must, within 2 business days after a proposal for dealing with the debtor’s affairs under Part X of the Act is finalised, give a copy of the proposal to:
(a) an Official Receiver; and
(b) each creditor of the bankrupt of whom the registered trustee or solicitor is aware.
Note: Under subsection 188(5) of the Act, a registered trustee or solicitor who consents to exercise the powers given by an authority must also give a copy of the authority and the debtor’s statement of affairs to an Official Receiver.
(1) If, at a meeting called under an authority under section 188 of the Act, a special resolution is passed under subsection 204(1) of the Act, the controlling trustee must give to the Official Receiver, within 7 days after the date when the resolution is passed:
(a) a copy of the resolution; and
(b) written notice specifying the following particulars for entry in the Index:
(i) the date of the resolution;
(ii) in respect of the debtor:
(A) the debtor’s full name, and any alias;
(B) the debtor’s address;
(C) the debtor’s occupation (if any);
(iii) if the resolution requires the debtor to execute a personal insolvency agreement—the name of each person nominated under subsection 204(3) of the Act to be a trustee of the agreement.
Penalty: 1 penalty unit.
(2) An offence against subregulation (1) is an offence of strict liability.
For section 210 of the Act, a provision of Part VIII of the Act specified in Part 3 of Schedule 6 is modified in accordance with that Part in relation to its application, in accordance with that section, to the controlling trustee in relation to a debtor.
For subsection 211(1) of the Act, a provision in Division 1 of Part V of the Act specified in Part 4 of Schedule 6 is modified in accordance with that Part in relation to its application, in accordance with that subsection, to a debtor whose property is subject to control under Division 2 of Part X of the Act.
A notification under paragraph 218(1)(a) of the Act must be in writing.
Note: Regulation 16.01 applies to a notification under paragraph 218(1)(a) of the Act.
(1) This regulation does not apply in relation to an applicant who is the Official Trustee, the Inspector‑General or a person authorised by the Inspector‑General under subsection 222(1) or (5) of the Act.
(2) If the Court makes a sequestration order under subsection 221(1), 222(10) or 222C(5) of the Act, the applicant for the order must give a copy of the order to the Official Receiver.
(3) If the Court makes an order:
(a) under subsection 222(1), (2) or (5) of the Act, setting aside a personal insolvency agreement; or
(b) under subsection 222C(1) of the Act, terminating a personal insolvency agreement;
the applicant for the order must give a copy of the order to the Official Receiver.
(4) A copy of an order required by this regulation to be given to the Official Receiver must be given within 2 days after the order is made.
Penalty: 1 penalty unit.
(5) An offence against subregulation (4) is an offence of strict liability.
(1) If a personal insolvency agreement is terminated in accordance with section 222A of the Act, the trustee of the agreement must immediately give written notice of the termination to the Official Receiver.
Penalty: 1 penalty unit.
(2) An offence against subregulation (1) is an offence of strict liability.
(1) For subsection 231(1) of the Act, the provision specified in Part 5 of Schedule 6 is modified in accordance with that Part in relation to its application, in accordance with that subsection, to a debtor who has executed a personal insolvency agreement.
(2) For subsection 231(3) of the Act, a provision specified in Part 6 of Schedule 6 is modified in accordance with that Part in relation to its application, in accordance with that subsection, to a personal insolvency agreement.
(3) For subsection 231(5) of the Act, the provision specified in Part 7 of Schedule 6 is modified in accordance with that Part in relation to its application, in accordance with that subsection, to a trustee of a personal insolvency agreement.
(1) If the trustee of a personal insolvency agreement is satisfied that the divisible property of the debtor has, so far as practicable, been realised and no dividend is payable to the creditors, the trustee must, on written request by the debtor, give the debtor a certificate signed by the trustee to that effect.
(2) The trustee must give the certificate to the debtor within 7 days of receiving the written request.
(3) In any proceeding, a certificate signed by the trustee under subregulation (1):
(a) is evidence of the facts stated in it; and
(b) may be tendered in evidence without further proof.
(4) If the trustee gives a certificate to the debtor under subsection 232(1) of the Act or subregulation (1), the trustee must, within 7 days of giving the certificate, give a copy of the certificate to the Official Receiver.
Penalty: 1 penalty unit.
(5) An offence against subregulation (4) is an offence of strict liability.
A statement under paragraph 246(1)(a) or subsection 247(1) of the Act must state, so far as applicable, the following particulars:
(a) in relation to the capital account of the deceased person’s estate:
(i) particulars of each amount received, including the name of the payer, the date received and the bank account into which the amount was paid; and
(ii) particulars of each amount paid, including the name of the payee, the date of payment and the bank account from which the amount was drawn;
(b) in relation to each of the assets of the deceased person transferred to beneficiaries—the particulars of the asset, the date of transfer and the name and address of the relevant beneficiary;
(c) in relation to the income account of the deceased person:
(i) particulars of each amount received, including the name of the payer, the date received and the bank account into which the amount was paid; and
(ii) particulars of each amount paid, including the name of the payee, the date of payment and the bank account from which the amount was drawn;
(d) in relation to each of the unsecured debts owed by the deceased person:
(i) the name and address of the creditor and the amount (if any) owed by the creditor to the deceased person; and
(ii) the amount of the debt; and
(iii) the year when the debt was contracted; and
(iv) the nature of the debt;
(e) in relation to each of the secured debts owed by the deceased person:
(i) the name and address of the creditor and the amount (if any) owed by the creditor to the deceased person; and
(ii) the amount of the debt and particulars of the security relating to it; and
(iii) the date when the security was given; and
(iv) the estimated present value of the security; and
(v) the estimated deficiency or surplus if the security were to be realised;
(f) in relation to each of current hire purchase, credit purchase, lease purchase or similar agreements:
(i) the name and address of the finance company; and
(ii) the date of the agreement; and
(iii) particulars of the goods to which the agreement relates; and
(iv) any arrears of payment under the agreement; and
(v) the amount required to complete the agreement; and
(vi) the present value of the goods and the estimated deficiency or surplus if the goods were to be realised;
(g) in relation to any other assets and liabilities, including contingent assets and liabilities, of the deceased person’s estate—particulars of each asset and liability, including its present value.
(1) A person who presents a petition under section 244 or 247 of the Act must, within 2 business days after the petition is endorsed by the Court, give a copy of the petition to the Official Receiver.
(2) The time within which, under subsection 244(14) of the Act, a creditor must give to the Official Receiver a copy of an order under subsection 244(11) of the Act is 2 business days after the order is endorsed by the Court.
(1) Subregulation (2) applies in any proceedings to a document or copy of a document that purports to be a certificate signed by the Inspector‑General stating that, at a particular point in time, the form of statement of affairs that is attached to the certificate was the approved form for section 6A of the Act.
(2) The document or copy:
(a) is proof, in the absence of evidence to the contrary, of information that is stated in it; and
(b) may be tendered in evidence without further proof.
For the purposes of subsections 248(1) and (3) of the Act, the provisions specified in Schedule 7 are modified in accordance with that Schedule in relation to proceedings under Part XI of the Act and the administration of estates under that Part.
(1) Where a trustee pays moneys, under subsection 254(2) of the Act, to the Commonwealth, he or she must, at the time of payment, give to the officer to whom the moneys are paid a statement setting out the name and address of:
(a) the trustee; and
(b) the relevant bankrupt, debtor or (subject to subregulation (2)) deceased person, as the case requires; and
(c) each person who, so far as the trustee is aware, is entitled to the moneys or any part of the moneys.
(2) For the purposes of paragraph (1)(b), where the relevant person is a deceased person, the address to be stated is that person’s address at the date of his or her death.
(3) Where the Official Trustee or Official Receiver, or a registered trustee, pays moneys, under subsection 254(2A) of the Act, to the Commonwealth, that person must, at the time of payment give to the officer to whom the moneys are paid a statement setting out the name and address of:
(a) the trustee; and
(b) each person who, so far as the Official Trustee, Official Receiver or registered trustee is aware, is entitled to the moneys or any part of the moneys.
(4) A registered trustee who gives a statement to an officer in accordance with subregulation (1) or (3) must, within 7 days, give a copy of the statement to the Official Receiver.
(5) An offence against subregulation (4) is an offence of strict liability.
Penalty: 1 penalty unit.
Note: For
strict liability , see section 6.1 of theCriminal Code .
In this Part:
BIOS means the electronic database, known as the Bankruptcy Index Online System, maintained before the commencement date by Registrars in Bankruptcy.
(1) For the purposes of the definition of
National Personal Insolvency Index in subsection 5(1) of the Act, there is established an electronic index to be known as the National Personal Insolvency Index.(2) The Inspector‑General has responsibility for the operation of the Index.
(3) Each Official Receiver is to maintain the Index on behalf of the Inspector‑General.
(1) Subject to this regulation, the following information is to be entered on the Index:
(a) in respect of each creditor’s petition, bankruptcy, debt agreement under Part IX of the Act, personal insolvency agreement, administration under Part XI of the Act or order under section 253E of the Act, occurring or made on or after the commencement date—information of the kind specified in Schedule 8, to the extent applicable;
(b) the information on BIOS in respect of bankruptcies (including completed bankruptcies);
(c) in respect of each registered trustee or controlling trustee (other than the Official Trustee):
(i) the trustee’s full name, and any alias;
(ii) the trustee’s business address (including, where applicable, the postal address) and telephone number;
(iii) a statement or summary of any conditions applying to the person’s entitlement to practise as a registered trustee;
(iv) the date on which details in respect of the trustee are entered on the Index;
(v) the date (if any) of termination of the trustee’s registration as a trustee;
(d) in respect of each applicant for registration as a trustee:
(i) the applicant’s full name, and any alias;
(ii) the applicant’s business address (or, if none, his or her residential address);
(iii) the applicant’s occupation;
(iv) the date on which details in respect of the applicant are entered on the Index;
(e) in respect of each debtor specified in subregulation (3):
(i) the debtor’s full name, and any alias;
(ii) the debtor’s address;
(iii) the debtor’s occupation (if any);
(iv) the date on which details in respect of the debtor are entered on the Index;
(f) information that, under these Regulations, the Official Receiver:
(i) receives for entry on the Index; or
(ii) is required to enter on the Index;
(g) information concerning a creditor’s petition (including details of any orders made in relation to the petition, or the withdrawal of the petition).
(1A) In relation to a matter mentioned in paragraph (1)(a), a document described in an item in Schedule 8 must be given to the Official Receiver by the person mentioned in column 4 of the item within the period mentioned in column 5 of the item.
(1B) Item 13 of Schedule 8 applies in relation only to a bankruptcy dated 4 May 2003 or earlier.
(2) Paragraph (1)(a) is taken to apply also to bankruptcies that:
(a) occurred before the commencement date; and
(b) were not completed before the commencement date.
(3) For the purposes of paragraph (1)(e), the following debtors are specified:
(a) a debtor whose property is subject, by reason of a direction of the Court under paragraph 50(1)(a) of the Act, to the control of the Official Trustee or a registered trustee;
(b) a debtor who signed an authority under subsection 188(1) of the Act;
(c) subject to subregulation (5), in the case of a deceased debtor—where a petition for an order for the administration of the debtor’s estate has been presented under Part XI of the Act;
(d) a debtor who has applied to the Court under subsection 253E(1) of the Act for an order staying all or any proceedings under a petition.
(4) In the application of paragraph (3)(c) (concerning certain deceased debtors) to paragraph (1)(e), the information to be entered is the information that applied in respect of the debtor immediately before his or her death.
(5) Subregulation (1) applies subject to:
(a) any decision of the Inspector‑General under paragraph 13.04(3)(a); and
(b) any order or direction of the Administrative Appeals Tribunal on an application under regulation 13.05.
(6) If an entry on the Index contains information that is, in the opinion of the Official Receiver, in any particular:
(a) contrary to, or inconsistent with, a decision, order or direction of a kind mentioned in subregulation (5); or
(b) out of date, inaccurate or misleading;
the Official Receiver must correct the entry without delay.
(1) Subject to subregulation (4), a person who is a debtor or bankrupt may apply in writing to the Inspector‑General for information in respect of the person:
(a) not to be entered on the Index, on the ground that the entry of the information would jeopardise, or be likely to jeopardise, the person’s safety; or
(b) on the Index to be removed on the ground that:
(i) its inclusion jeopardises, or is likely to jeopardise, the person’s safety; or
(ii) it is inaccurate or misleading; or
(c) on the Index to be corrected on the ground that it is inaccurate or misleading.
Note: Under subregulation (4), an application cannot be made for the removal of information in respect of a person’s name or date of birth.
(2) The application must specify the ground relied and contain, or have with it, full particulars in support of the ground.
Example: A person may rely on a court order (such as a domestic violence order) to show that publication of the information in question would jeopardise, or be likely to jeopardise, the person’s safety.
(3) The Inspector‑General must, without delay:
(a) decide an application; and
(b) give notice in writing to the applicant of:
(i) the decision and the reasons for it; and
(ii) the applicant’s right, if aggrieved by the decision, to apply under regulation 13.05 to the Administrative Appeals Tribunal for review of the decision.
(4) An application or a decision must not be made under this regulation to remove from the Index any of the following items of information in respect of a person:
(a) the person’s name;
(b) the person’s date of birth.
A person who made an application under subregulation 13.04(1) and who is aggrieved by a decision under paragraph 13.04(3) (a) in respect of the application may apply to the Administrative Appeals Tribunal for review of the decision.
(1) If a debt agreement ends under section 185N of the Act, the Official Receiver must remove information relating to the debt agreement from the Index within 1 month after the later of the following days:
(a) 5 years after the day on which the debt agreement was made;
(b) the day on which the debt agreement ends.
(2) If a debt agreement is terminated under section 185P, 185Q, 185QA or 185R of the Act, the Official Receiver must remove information relating to the debt agreement from the Index within 1 month after the later of the following days:
(a) 5 years after the day on which the debt agreement was made;
(b) 2 years after the day on which the debt agreement is terminated.
(3) If an order is made under section 185U of the Act declaring all of a debt agreement void, the Official Receiver must remove information relating to the debt agreement from the Index within 1 month after the later of the following days:
(a) 5 years after the day on which the debt agreement was made;
(b) 2 years after the day on which the order is made.
The Official Receiver must remove information relating to a debt agreement proposal from the Index within 1 year after the day on which any of the following occurs:
(a) the proposal is withdrawn;
(b) the proposal is not accepted under section 185EC of the Act;
(c) the acceptance of the proposal for processing is cancelled under section 185ED of the Act;
(d) the proposal lapses under section 185G of the Act.
(1) A person may, by application in writing, ask an Official Receiver to inspect material in the Index and give an extract of material specified in the application.
(2) On receipt of an application, the Official Receiver:
(a) if the fee determined under the Fees and Remuneration Determination is paid—must inspect the Index and, within 14 days of receiving the application:
(i) give the requested extract to the applicant; or
(ii) tell the applicant, in writing, that the requested extract is not entered in the Index; or
(b) may give the applicant a list of Index search agents who may be able to inspect material entered in the Index for the applicant.
(3) A person who has been granted access to the Index by the Inspector‑General may, after paying the fee determined under the Fees and Remuneration Determination:
(a) inspect material entered in the Index; or
(b) obtain an extract of material entered in the Index.
Example: For paragraph (b), making notes of information shown on a computer screen, or obtaining a print‑out of information stored electronically.
(4) However, prior payment is not required under subregulation (3) if the person has an alternative arrangement with the Inspector‑General about the method of payment.
Example: An arrangement for payment by bulk billing.
(5) The Inspector‑General may specify conditions that apply to:
(a) the use of information entered in the Index; and
(b) the use of an extract of material entered in the Index.
Note: Under regulation 13.09, the Inspector‑General has control of access to the Index.
(1) In any proceedings, a document or copy of a document that qualifies under subregulation (2):
(a) is proof, in the absence of evidence to the contrary, of information on the Index that is stated in it; and
(b) may be tendered in evidence without further proof.
(2) A document or copy qualifies if it:
(a) purports (irrespective of the form of wording used) to be an extract of information on the Index; and
(b) does not appear to the Court to have been revised or tampered with in a way that affects, or is likely to affect, the information.
(1) The Inspector‑General, and any officer acting at the direction or with the authority of the Inspector‑General, have immunity from actions for defamation arising out of publication of material in the Index or publication of extracts of material from the Index.
(2) An officer has immunity from actions for defamation arising out of publication of material in the Index or publication of extracts of material from the Index, if the publication was done:
(a) by an officer acting in the course of his or her duty; and
(b) in good faith.
(3) A person who provides material for entry in the Index has immunity from actions for defamation arising out of publication of the material by way of providing it for such inclusion, publication of the material in the Index or publication of extracts of the material from the Index, if the publication was done:
(a) in the performance of a function or duty under these Regulations or any other law of the Commonwealth; and
(b) in good faith.
(4) Nothing in subregulation (2) or (3) affects by implication the generality of subregulation (1).
court order | applicant (Rule 9.05 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules) | 2 days after the order is entered (Rule 9.05 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules) | date order made | ||
22D | Section 185QA (as in force immediately before 1 July 2007) terminating a debt agreement (made as the result of the acceptance of a debt agreement proposal given to the Official Receiver before 1 July 2007) by special resolution of creditors | Minutes of meeting called under section 185QA (as in force immediately before 1 July 2007) | not applicable | not applicable | date of passing of special resolution |
23 | Sections 185T and 185U voiding a debt agreement | court order (subsection 185U(1)) | applicant (Rule 9.05 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules) | 2 days after the order is entered (Rule 9.05 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules) | date of order whether agreement is voided in whole or in part |
23A | Section 186B Application for registration as a debt agreement administrator | application | Inspector‑ General | not applicable | date of application particulars of applicant |
23B | Section 186D Registration as a debt agreement administrator | application approval or refusal of registration application under section 186C (including any conditions specified for subsection 186C(9)). | Inspector‑ General | not applicable | · particulars of applicant · details of the approval or refusal (including specified conditions applying to the debt agreement administrator on registration) |
23C | Section 186F Conditions of registration | notice of imposition of conditions | Inspector‑ General | not applicable | · particulars of conditions imposed on debt agreement administrator’s registration |
23D | Sections 185ZCA, 186J, 186K and 186L Debt agreement administrator registration ceases | approval of registration notice of request to accept surrender of registration (section 186J) notice of cancellation of registration (section 186K or 186L) | Inspector‑ General | not applicable | · date debt agreement administrator registration ceases · particulars of reason for end of registration |
24 | Section 188 and subsection 189(1B) authority to be controlling trustee (personal insolvency agreement); notice of event causing end of control by trustee | authority (subsection 188(1)); notice (subsection 189(1B)) | registered trustee or solicitor (subsection 188(5); subsection 189(1B)) | authority: 2 business days of consent to act; notice: 7 days after becoming aware that control has ended | date of authority date of filing of statement of affairs name of controlling trustee particulars of debtor date of termination of control |
24A | Section 192 authority to be controlling trustee passing to Official Trustee | Evidence of event mentioned in subsection 192(1) (death, cessation, incapacity written request) | Official Trustee | 14 days of control passing | particulars of debtor date of passing of control |
25 | Section 204 and subsection 218(1) personal insolvency agreement | copy of agreement (paragraph 218(1)(b)) | trustee (paragraph 218(1)(b)) | within 21 days after executing agreement | date of execution of agreement particulars of debtor (if different from particulars in section 188 authority) name of each nominated trustee of the agreement (subsection 204(3); see also section 215A) date of filing of statement of affairs |
26 | Section 221 sequestration order for certain failures under Part X | court order (subsection 221(1)) | applicant | 2 days after the order is made | date of order particulars of bankrupt (if different from particulars in section 188 authority) name of petitioning creditor (if any) name and telephone number of petitioning creditor’s solicitors (if any) name of trustee date of filing of Statement of Affairs |
27 | Subsection 222(10) sequestration order against estate of debtor | sequestration order | applicant for sequestration order | 2 days after the order is made (regulation 10.11) | date of order particulars of debtor |
28 | Section 222A termination of personal insolvency agreement by trustee | copy of written notice of termination (regulation 10.12) | trustee of the agreement | immediately (regulation 10.12) | date of termination |
28A | Subsection 222C (5) sequestration order against estate of debtor | sequestration order | applicant for sequestration order | 2 days after the order is made (regulation 10.11) | date of order particulars of debtor |
28B | Subsections 224A(1) and (3) terminating personal insolvency agreement by creditors or event specified in agreement | copy of resolution or special resolution (subsection 224A(1)); written notice (subsection 224A(3)) | trustee (subsections 224A(1) and (3)) | immediately (subsections 224A(1) and (3)) | date of termination |
28C | Subsection 224A(4) court order setting aside or terminating a personal insolvency agreement | written notice | registered trustee | 2 days after the order is made (regulation 10.11) | date when agreement set aside or terminated |
28D | Section 232 certificate relating to discharge of obligations under personal insolvency agreement | certificate given to debtor under subsection 232(1) | trustee | not applicable | date when trustee signed certificate |
29 | Section 244 creditor’s petition for Part XI administration (deceased estates) | creditor’s petition and verifying affidavit (subsections 244(1) and (5)) | petitioning creditor | not applicable | date of petition particulars of deceased name of petitioning creditor name and telephone number of petitioning creditor’s solicitors date of hearing for administration order date of filing of Statement of Affairs |
30 | Section 244 and section 245 (death of debtor after creditor’s petition under section 47) Part XI administration (deceased estates) | court order (subsections 244(14); 245(3)) | petitioning creditor (subsections 244(14); 245(3)) | 2 days beginning on the day the order is made (subsection 244(14)) | date of order particulars of deceased (if particulars different from particulars in relevant creditor’s petition) name of trustee |
31 | Section 247 administrator’s petition for Part XI administration of deceased estate | petition and statement of affairs (subsection 247(1)) | administrator (subsection 247(1)) | not applicable | date of petition particulars of deceased name of administrator name and telephone number of administrator’s solicitors date of filing of Statement of Affairs |
32 | Section 247 court order for Part XI administration on administra‑ tor’s petition | court order (subsection 247(1A)) | applicant (subsection 247(3)) | 2 days beginning on the day the order is made (subsection 247(3)) | date of order the following particulars if different from those in administrator’s petition: particulars of deceased name of administrator name and telephone number of administrator’s solicitors name of trustee date of filing of Statement of Affairs |
33 | Section 253E stay of proceedings in relation to farmers’ debts assistance | court order (subsection 253E(1)) | applicant | 7 days | date of order period of stay (subsection 253E(3)) |
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA
= | Sch = Schedule(s) |
LIA
= | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
1996 No. 263 | 11 Dec 1996 | 16 Dec 1996 | |
1996 No. 278 | 12 Dec 1996 | 16 Dec 1996 | — |
1997 No. 76 | 14 Apr 1997 | rr 18.1, 29 and 30: 16 Dec 1996 rr 18.2, 26, 32, 33, 34, 35.2, 38.3 and 40: 14 Apr 1997 (r 1.2 and gaz 1997, No S136) Remainder: 14 Apr 1997 | r 40 |
1997 No. 325 | 28 Nov 1997 | 1 Dec 1997 | — |
2000 No. 140 | 28 June 2000 | 1 July 2000 | — |
2000 No. 220 | 17 Aug 2000 | 1 July 2000 | — |
2001 No. 262 | 5 Oct 2001 | 5 Oct 2001 | — |
2002 No. 255 | 6 Nov 2002 | 6 Nov 2002 | — |
2003 No. 76 | 2 May 2003 | 5 May 2003 | — |
2004 No. 256 | 26 Aug 2004 | 1 Dec 2004 (r 2 and gaz 2004, No GN34) | — |
2005 No. 218 | 7 Oct 2005 (F2005L02918) | 8 Oct 2005 (r 2(a)) | — |
2006 No. 4 | 16 Feb 2006 (F2006L00521) | 17 Feb 2006 | rr 4–6 |
2006 No. 50 | 17 Mar 2006 (F2006L00820) | 27 Mar 2006 (r 2) | — |
2006 No. 137 | 23 June 2006 (F2006L01854) | 1 July 2006 | — |
2007 No. 91 | 26 Apr 2007 (F2007L01128) | 27 Apr 2007 (r 2) | — |
2007 No. 138 | 13 June 2007 (F2007L01540) | rr 1–4 and Sch 1: 14 June 2007 Remainder: 1 July 2007 | r 4 |
2010 No. 195 | 9 July 2010 (F2010L01915) | 1 Aug 2010 | — |
2010 No. 287 | 25 Nov 2010 (F2010L03075) | 1 Dec 2010 (r 2) | r 4 |
51, 2013 | 11 Apr 2013 (F2013L00649) | Sch 1 (items 8–10): 12 Apr 2013 (s 2 item 2) | — |
36, 2014 | 26 Mar 2014 (F2014L00350) | 1 Apr 2014 (s 2) Note: Sch 1 (item 1) was disallowed by the Senate on 23 June 2014 at 17.45 | — |
179, 2015 | 16 Nov 2015 (F2015L01800) | 19 Nov 2015 (s 2(1) item 1) | — |
Bankruptcy Amendment (Rules of Court) Regulation 2016 | 30 Mar 2016 (F2016L00431) | Sch 1: 1 Apr 2016 (s 2(1) item 2) | — |
Corporations and Other Legislation Amendment (Insolvency Law Reform) Regulation 2016 | 13 Dec 2016 (F2016L01926) | Sch 1 (items 8–16): 1 Mar 2017 (s 2(1) item 2) Sch 1 (items 52–65): 1 Sept 2017 (s 2(1) item 3) | — |
Bankruptcy Amendment (Fees) Regulations 2017 | 22 Dec 2017 (F2017L01712) | 23 Dec 2017 (s 2(1) item 1) | — |
Bankruptcy Amendment (Debt Agreement Reform) Regulations 2019 | 9 Apr 2019 (F2019L00592) | 27 June 2019 (s 2(1) item 1) | — |
Corporations and Bankruptcy Legislation Amendment (Extending Temporary Relief for Financially Distressed Businesses and Individuals) Regulations 2020 | 21 Sept 2020 (F2020L01191) | Sch 1 (items 1, 2): 22 Sept 2020 (s 2(1) item 1) | — |
Bankruptcy Amendment (Bankruptcy Threshold) Regulations 2020 | 21 Dec 2020 (F2020L01652) | 1 Jan 2021 (s 2(1) item 1) | — |
Coronavirus Economic Response Package Omnibus Act 2020 | 22, 2020 | 24 Mar 2020 | Sch 12 (items 16–20): 25 Mar 2020 (s 2(1) item 8) | — |
r. 1.01........................................ | rs. 2000 No. 140 |
r 1.02......................................... | rep LA s 48D |
r 1.03......................................... | am No 4, 2006; No 137, 2006; No 91, 2007; No 195, 2010; No 51, 2013; F2016L00431; F2016L01926 |
ed C28 | |
r. 1.04........................................ | ad. 2001 No. 262 |
r. 2.01........................................ | am. 1997 No. 76 |
r 2.05......................................... | ad F2016L01926 |
r. 4.01........................................ | rs. 2010 No. 195 |
r 4.02AA.................................... | ad Act No 22, 2020 |
am F2020L01191 | |
rep end of 31 Dec 2020 (r 4.02AA(3)) | |
ad F2020L01652 | |
r 4.02A...................................... | ad No 76, 1997 |
rs No 4, 2006 | |
am No 137, 2006; No 195, 2010 | |
r. 4.04........................................ | am. 2010 No. 195 |
r. 4.05........................................ | am No 76, 1997; No 255, 2002; No 195, 2010; No 287, 2010; F2016L01926 |
r. 4.07........................................ | am. 2004 No. 256 |
r 4.10A...................................... | ad Act No 22, 2020 |
am F2020L01191 | |
rep end of 31 Dec 2020 (r 4.10A(2)) | |
r. 4.11........................................ | am. 1997 No. 76; 2004 No. 256; 2007 No. 138; 2010 No. 195 |
Division 3.................................. | rep F2016L01926 |
r 4.14......................................... | rep F2016L01926 |
r 4.15......................................... | rep F2016L01926 |
r 4.16......................................... | rep F2016L01926 |
r 4.17......................................... | rs No 76, 1997 |
am No 137, 2006; No 195, 2010 | |
rep F2016L01926 | |
r 4.18......................................... | rep F2016L01926 |
r 4.19......................................... | rep F2016L01926 |
r 5.02......................................... | ad No 36, 2014 |
r. 6.01........................................ | am. 2002 No. 255 |
r. 6.02........................................ | am. 1997 No. 76 |
r. 6.03........................................ | am. 1996 No. 278; 1997 No. 76 |
r. 6.03A...................................... | ad. 2003 No. 76 |
r. 6.04........................................ | am. 1997 No. 76 |
Renumbered r. 6.03B................... | 2007 No. 91 |
Division 2A................................ | ad. 2007 No. 91 |
r. 6.04A...................................... | ad. 2007 No. 91 |
r. 6.04B...................................... | ad. 2007 No. 91 |
Division 3.................................. | rep. 2007 No. 138 |
r. 6.05........................................ | rep. 2007 No. 138 |
r. 6.06........................................ | rep. 2007 No. 138 |
r. 6.07........................................ | rep. 2007 No. 138 |
r. 6.08........................................ | am. 1996 No. 278 |
rep. 2007 No. 138 | |
Division 6 heading...................... | rs No. 255, 2002 |
r. 6.12........................................ | am No 255, 2002 |
Division 6A heading.................... | rep No. 255, 2002 |
Division 6A................................ | ad No. 325, 1997 |
r. 6.12A...................................... | ad No. 325, 1997 |
am No. 255, 2002 | |
r. 6.12B...................................... | ad No. 255, 2002 |
am No. 50, 2006; No. 195, 2010 | |
r. 6.12C...................................... | ad No. 76, 2003 |
r. 6.12D...................................... | ad No. 91, 2007 |
r. 6.15A...................................... | ad. 2003 No. 76 |
r. 6.16........................................ | am. 1997 No. 76 |
rep. 2004 No. 256 | |
r. 6.18........................................ | am. 2001 No. 262 |
r. 6.20........................................ | am. 2001 No. 262 |
r. 7.01........................................ | am. 1997 No. 76; 2001 No. 262 |
r. 7.01A...................................... | ad. 2002 No. 255 |
r. 7.02........................................ | am. 2001 No. 262 |
Part 8......................................... | rs F2016L01926 |
Division 1.................................. | am No 255, 2002 |
rs F2016L01926 | |
r. 8.01........................................ | am No 76, 2003 |
rs F2016L01926 | |
r. 8.02........................................ | am No 76, 2003 |
rs F2016L01926 | |
r. 8.03........................................ | am No 76, 1997 |
rep F2016L01926 | |
r 8.04......................................... | rep F2016L01926 |
Division 1A................................ | ad No 76, 1997 |
rep F2016L01926 | |
r. 8.04A...................................... | ad No 76, 1997 |
am No 262, 2001; No 195, 2010 | |
rep F2016L01926 | |
Division 2.................................. | rs No 255, 2002 |
rep F2016L01926 | |
r. 8.05........................................ | rs No 255, 2002 |
rep F2016L01926 | |
r. 8.05A...................................... | ad No 255, 2002 |
rep F2016L01926 | |
r. 8.05B...................................... | ad No 255, 2002 |
rep F2016L01926 | |
r. 8.05C...................................... | ad No 255, 2002 |
rep F2016L01926 | |
r. 8.05D...................................... | ad No 255, 2002 |
rep F2016L01926 | |
r. 8.05E...................................... | ad No 255, 2002 |
rep F2016L01926 | |
r. 8.05F...................................... | ad No 255, 2002 |
rep F2016L01926 | |
r. 8.05G...................................... | ad No 255, 2002 |
rep F2016L01926 | |
r. 8.05H...................................... | ad No 255, 2002 |
rep F2016L01926 | |
r. 8.05I....................................... | ad No 255, 2002 |
rep F2016L01926 | |
r. 8.05J....................................... | ad No 255, 2002 |
rep F2016L01926 | |
r. 8.05K...................................... | ad No 255, 2002 |
rep F2016L01926 | |
r. 8.05L...................................... | ad No 255, 2002 |
am No 76, 2003 | |
rep F2016L01926 | |
r. 8.05M..................................... | ad No 255, 2002 |
rep F2016L01926 | |
r. 8.05N...................................... | ad No 255, 2002 |
rep F2016L01926 | |
r. 8.05O...................................... | ad No 255, 2002 |
rep F2016L01926 | |
r. 8.05P...................................... | ad No 255, 2002 |
rep F2016L01926 | |
Division 3 heading...................... | rs No 76, 1997 |
rep F2016L01926 | |
Division 3.................................. | rs No 76, 1997 |
rep F2016L01926 | |
r. 8.06........................................ | rs No 76, 1997 |
rep F2016L01926 | |
r. 8.06A...................................... | ad No 76, 1997 |
rep F2016L01926 | |
Division 4 heading...................... | rs No 76, 1997; No 287, 2010 |
rep F2016L01926 | |
Division 4.................................. | rs No 287, 2010 |
rep F2016L01926 | |
r. 8.07........................................ | rs No 287, 2010 |
rep F2016L01926 | |
r. 8.08........................................ | am No 76, 1997 |
rs No 287, 2010 | |
rep F2016L01926 | |
r. 8.09........................................ | am No 255, 2002 |
rs No 287, 2010 | |
rep F2016L01926 | |
r. 8.10........................................ |
am No 278, 1996 | |
rs No 287, 2010 | |
rep F2016L01926 | |
r. 8.11........................................ | rs No 287, 2010 |
rep F2016L01926 | |
r. 8.11A...................................... | ad No 255, 2002 |
rep No 287, 2010 | |
r. 8.12........................................ | rep No 255, 2002 |
ad No 76, 2003 | |
rs No 287, 2010 | |
rep F2016L01926 | |
r. 8.12A...................................... | ad No 287, 2010 |
rep F2016L01926 | |
r. 8.12B...................................... | ad No 287, 2010 |
rep F2016L01926 | |
r. 8.12C...................................... | ad No 287, 2010 |
rep F2016L01926 | |
r. 8.12D...................................... | ad No 287, 2010 |
rep F2016L01926 | |
r. 8.12E...................................... | ad No 287, 2010 |
rep F2016L01926 | |
r. 8.12F...................................... | ad No 287, 2010 |
rep F2016L01926 | |
r. 8.12G...................................... | ad No 287, 2010 |
rep F2016L01926 | |
r. 8.12H...................................... | ad No 287, 2010 |
rep F2016L01926 | |
r. 8.12I....................................... | ad No 287, 2010 |
rep F2016L01926 | |
r. 8.12J....................................... | ad No 287, 2010 |
rep F2016L01926 | |
r. 8.12K...................................... | ad No 287, 2010 |
rep F2016L01926 | |
r. 8.12L...................................... | ad No 287, 2010 |
rep F2016L01926 | |
r. 8.12M..................................... | ad No 287, 2010 |
rep F2016L01926 | |
r. 8.12N...................................... | ad No 287, 2010 |
rep F2016L01926 | |
r. 8.12O...................................... | ad No 287, 2010 |
rep F2016L01926 | |
r. 8.13........................................ | am No 262, 2001 |
rep F2016L01926 | |
r. 8.14........................................ | am No 262, 2001 |
rep F2016L01926 | |
Division 5A................................ | ad No 278, 1996 |
rep No 76, 1997 | |
r. 8.14A...................................... | ad No 278, 1996 |
am No 76, 1997 | |
rep No 76, 1997 | |
Division 6.................................. | rs No 255, 2002 |
rep F2016L01926 | |
r. 8.15........................................ | rs No 255, 2002 |
rep F2016L01926 | |
r. 8.16........................................ | ad No 255, 2002 |
rep F2016L01926 | |
r. 8.17........................................ | ad No 255, 2002 |
rep F2016L01926 | |
r. 8.18........................................ | ad No 255, 2002 |
rep F2016L01926 | |
r. 8.19........................................ | ad No 255, 2002 |
rep F2016L01926 | |
r. 8.20........................................ | ad No 255, 2002 |
rep F2016L01926 | |
r. 8.21........................................ | ad No 255, 2002 |
rep F2016L01926 | |
r. 8.22........................................ | ad No 255, 2002 |
rep F2016L01926 | |
r. 8.23........................................ | ad No 255, 2002 |
rep F2016L01926 | |
r. 8.24........................................ | ad No 255, 2002 |
rep F2016L01926 | |
r. 8.25........................................ | ad No 255, 2002 |
rep F2016L01926 | |
r. 8.26........................................ | ad No 255, 2002 |
rep F2016L01926 | |
r. 8.27........................................ | ad No 255, 2002 |
rep F2016L01926 | |
r. 8.28........................................ | ad No 255, 2002 |
am No 76, 2003 | |
rep F2016L01926 | |
r. 8.29........................................ | ad No 255, 2002 |
rep F2016L01926 | |
r. 8.30........................................ | ad No 255, 2002 |
am No 76, 2003 | |
rep F2016L01926 | |
r. 8.31........................................ | ad No 255, 2002 |
rep F2016L01926 | |
Subdivision 4 heading.................. | rs No 256, 2004 |
rep F2016L01926 | |
r. 8.32........................................ | ad No 255, 2002 |
rep F2016L01926 | |
r. 8.33........................................ | ad No 255, 2002 |
rep F2016L01926 | |
r. 8.34........................................ | ad No 255, 2002 |
rep F2016L01926 | |
Subdivision 4A........................... | ad No 256, 2004 |
rep F2016L01926 | |
r. 8.34A...................................... | ad No 256, 2004 |
rep F2016L01926 | |
Subdivision 5.............................. | ad No 76, 2003 |
rep F2016L01926 | |
Division 2.................................. | ad F2016L01926 |
r. 8.35........................................ | ad No 76, 2003 |
am No 256, 2004; No 195, 2010 | |
rs F2016L01926 | |
r. 8.36........................................ | ad No 76, 2003 |
rep F2016L01926 | |
r. 8.37........................................ | ad No 76, 2003 |
am No 4, 2006 | |
rep F2016L01926 | |
r 8.40......................................... | ad F2016L01926 |
r 8.45......................................... | ad F2016L01926 |
Division 3.................................. | ad F2016L01926 |
r 8.50......................................... | ad F2016L01926 |
r 8.55......................................... | ad F2016L01926 |
r 9.01......................................... | rs No 138, 2007 |
am No 195, 2010; F2019L00592 | |
r 9.02......................................... | ad No 76, 2003 |
rep No 138, 2007 | |
r 9.02 (prev r 9.08)...................... | am No 195, 2010 |
rs F2019L00592 | |
r 9.03......................................... | ad No 76, 2003 |
rep No 138, 2007 | |
ad F2019L00592 | |
r. 9.04........................................ | ad. 2003 No. 76 |
am. 2004 No. 256 | |
rep. 2007 No. 138 | |
r. 9.05........................................ | ad. 2003 No. 76 |
rep. 2007 No. 138 | |
r. 9.06........................................ | ad. 2003 No. 76 |
am. 2006 No. 4 | |
rep. 2007 No. 138 | |
r. 9.07........................................ | ad. 2003 No. 76 |
rep. 2007 No. 138 | |
r 9.08......................................... | ad No 138, 2007 |
renum No 138, 2007 | |
Part 10....................................... | rs. 2004 No. 256 |
r. 10.01...................................... | rs. 2004 No. 256 |
r. 10.02...................................... | rs. 2004 No. 256 |
am. 2010 No. 195 | |
r. 10.03...................................... | rs No 256, 2004 |
am No 4, 2006; No 195, 2010, No 287, 2010; F2016L01926 | |
r. 10.04...................................... | rs No 256, 2004 |
am No 4, 2006; No 195, 2010; No 287, 2010 | |
rep F2016L01926 | |
r. 10.05...................................... | rs No 256, 2004 |
rep F2016L01926 | |
r. 10.06...................................... | rs. 2004 No. 256 |
r. 10.07...................................... | rs. 2004 No. 256 |
r. 10.08...................................... | rs. 2004 No. 256 |
r. 10.09...................................... | rs. 2004 No. 256 |
rep F2016L01926 | |
r. 10.10...................................... | am. 1997 No. 76; 2001 No. 262 |
rs. 2004 No. 256 | |
r. 10.11...................................... | rs. 2004 No. 256 |
r. 10.12...................................... | rs. 2004 No. 256 |
r. 10.13...................................... | am. 2001 No. 262 |
rs. 2004 No. 256 | |
r. 10.14...................................... | rs. 2004 No. 256 |
r. 10.15...................................... | am. 2001 No. 262 |
rep. 2004 No. 256 | |
r. 10.16...................................... | rep. 2004 No. 256 |
r. 10.17...................................... | am. 2001 No. 262 |
rep. 2004 No. 256 | |
r. 10.18...................................... | am. 2001 No. 262; 2002 No. 255 |
rep. 2004 No. 256 | |
r. 11.01A.................................... | ad No 195, 2010 |
am F2016L01926 | |
r. 11.01B.................................... | ad. 2010 No. 195 |
r. 12.01...................................... | am. 1996 No. 278; 2001 No. 262; 2005 No. 218 |
r. 13.03...................................... | am. 1997 No. 76; 2003 No. 76; 2004 No. 256 |
r. 13.04...................................... | am. 1996 No. 278 |
Division 2A................................ | ad No 179, 2015 |
r 13.05A..................................... | ad No 179, 2015 |
r 13.05B..................................... | ad No 179, 2015 |
r. 13.06...................................... | am. 1997 No. 76 |
rs. 2002 No. 255; 2006 No. 137 | |
am. 2010 No. 195 | |
r. 13.07...................................... | am. 1997 No. 76 |
r. 13.11...................................... | ad. 1997 No. 76 |
rep. 2006 No. 137 | |
Part 15....................................... | rep. 2002 No. 255 |
rr. 15.01–15.12........................... | rep. 2002 No. 255 |
rr. 15.13, 15.14........................... | am. 1997 No. 76 |
rep. 2002 No. 255 | |
rr. 15.15–15.19........................... | rep. 2002 No. 255 |
Division 1 heading...................... | ad No 287, 2010 |
Division 2.................................. | ad. 2010 No. 287 |
r. 14.03...................................... | ad. 2010 No. 287 |
r. 14.04...................................... | ad. 2010 No. 287 |
r. 14.05...................................... | ad. 2010 No. 287 |
r. 14.06...................................... | ad. 2010 No. 287 |
r. 14.07...................................... | ad. 2010 No. 287 |
r. 14.08...................................... | ad. 2010 No. 287 |
r. 14.09...................................... | ad. 2010 No. 287 |
r. 14.10...................................... | ad. 2010 No. 287 |
r. 14.11...................................... | ad. 2010 No. 287 |
r. 14.12...................................... | ad. 2010 No. 287 |
r. 14.13...................................... | ad. 2010 No. 287 |
r. 14.14...................................... | ad. 2010 No. 287 |
r. 14.15...................................... | ad. 2010 No. 287 |
Part 15A..................................... | ad. 1997 No. 76 |
r. 15A.01.................................... | ad. 1997 No. 76 |
am. 2007 No. 138 | |
r. 15A.02.................................... | ad. 1997 No. 76 |
r. 15A.03.................................... | ad. 1997 No. 76 |
r. 15A.04.................................... | ad. 1997 No. 76 |
r. 15A.05.................................... | ad. 1997 No. 76 |
r. 15A.06.................................... | ad. 1997 No. 76 |
rep. 2006 No. 137 | |
r. 15A.07.................................... | ad. 1997 No. 76 |
am. 2010 No. 287 | |
r. 16.02...................................... | am. 1997 No. 76 |
Heading to Div. 2 of.................... Part 16 | rs. 2006 No. 137 |
Note to Heading to Div. 2............ of Part 16 | ad. 2006 No. 137 am. 2010 No. 195 |
Heading to Subdiv. A of Div. 2 of Part 16 Renumbered Subdiv. 2.1.............. of Div. 2 of Part 16 | 2002 No. 255 |
Heading to Subdiv. 2.1 of............. Div. 2 of Part 16 (formerly Subdiv. A of Div. 2 of Part 16) | rep. 2006 No. 137 |
r. 16.04...................................... | rep. 2006 No. 137 |
r. 16.05 Renumbered r. 16.03A................. | 2002 No. 255 |
r. 16.06...................................... | am. 2006 No. 4 |
rs. 2006 No. 137 | |
Heading to Subdiv. 2.2 of............. Div. 2 of Part 16 | ad. 2002 No. 255 rep. 2006 No. 137 |
r. 16.07...................................... | am. 1997 No. 76; 2000 No. 140 |
rs. 2002 No. 255; 2006 No. 137 | |
am. 2010 No. 195 | |
r. 16.07A.................................... | ad. 2002 No. 255 |
am. 2004 No. 256 | |
rep. 2006 No. 137 | |
r. 16.07B.................................... | ad. 2002 No. 255 |
rep. 2006 No. 137 | |
r. 16.07C.................................... | ad. 2002 No. 255 |
rep. 2006 No. 137 | |
r. 16.07D.................................... | ad. 2002 No. 255 |
rep. 2006 No. 137 | |
r. 16.07E.................................... | ad. 2002 No. 255 |
rep. 2006 No. 137 | |
r. 16.08...................................... | am. 1997 No. 76 |
rs. 2002 No. 255; 2006 No. 137 | |
am. 2010 No. 195 | |
r. 16.08A.................................... | ad. 2002 No. 255 |
rep. 2006 No. 137 | |
Heading to Subdiv. 2.3 of............. Div. 2 of Part 16 | ad. 2002 No. 255 rep. 2006 No. 137 |
r. 16.09...................................... | am. 1997 No. 325 |
rs. 2002 No. 255; 2006 No. 137 | |
r. 16.10...................................... | rep. 2002 No. 255 |
r. 16.11...................................... | am. 1997 No. 76 |
rep. 2002 No. 255 | |
Heading to Subdiv. B of............... Div. 2 of Part 16 | rep. 2002 No. 255 |
r. 16.12...................................... | am. 1997 No. 76; 2000 No. 140; 2002 No. 255 |
rep. 2006 No. 137 | |
r. 16.13...................................... | rep. 2006 No. 137 |
Heading to Subdiv. 2.4................ of Div. 2 of Part 16 | rep. 2006 No. 137 |
Subdiv. 2.4 of Div. 2................... of Part 16 | ad. 2002 No. 255 |
r. 16.13A.................................... | ad. 2002 No. 255 |
am. 2006 Nos. 4 and 137 | |
renum No 137, 2006 | |
r 16.11 (prev r 16.13A)................ | am No 195, 2010; F2017L01712 |
r. 16.13B.................................... | ad. 2002 No. 255 |
rs. 2006 No. 4 | |
Renumbered r. 16.12................... | 2006 No. 137 |
Division 3.................................. | rep No 137, 2006 |
ad No 195, 2010 | |
r. 16.13...................................... | ad. 2010 No. 195 |
r. 16.14AA................................. | ad. 1996 No. 278 |
rep. 2006 No. 137 | |
r. 16.14...................................... | am. 1997 No. 76; 2004 No. 256 |
rep. 2006 No. 137 | |
ad No 179, 2015 | |
r 16.15....................................... | rs No 76, 1997 |
rep No 137, 2006 | |
ad F2019L00592 | |
r. 16.16...................................... | rep. 2006 No. 137 |
r. 16.17...................................... | rep. 1997 No. 76 |
Schedule 1 heading...................... | rs. 2000 No. 220 |
Schedule 1.................................. | am. 1997 No. 76 |
Form 1 heading........................... | ad Act No 22, 2020 |
Form 1....................................... | rs. 1997 No. 76 |
am. 2000 No. 220; 2003 No. 76 | |
rs. 2010 No. 195 | |
am Act No 22, 2020 | |
Form 2....................................... | rep. 1997 No. 76 |
Schedule 2.................................. | am No 256, 2004; No 4, 2006; No 137, 2006 |
rep F2016L01926 | |
Schedule 3.................................. | am No 255, 2002; No 137, 2006; No 195, 2010; F2016L01926 |
Schedule 4.................................. | am No 76, 1997; No 255, 2002 |
ed C28 | |
Schedule 4A............................... | ad No 256, 2004 |
am No 287, 2010 | |
rep F2016L01926 | |
Schedule 5.................................. | rep No 138, 2007 |
Schedule 6.................................. | am No 76, 2003 |
rs No 256, 2004 | |
am No 4, 2006; No 137, 2006; No 287, 2010; F2016L01926 | |
Schedule 7.................................. | am No 76, 2003; F2016L01926 |
ed C28 | |
Schedule 8.................................. | am No 76, 1997; No 255, 2002; No 76, 2003; No 256, 2004; No 4, 2006; No 138, 2007; No 51, 2013; No 179, 2015; F2016L00431; F2016L01926 |
ed C28 | |
Schedule 9.................................. | am. 1997 No. 76; 2004 No. 256 |
rep. 2006 No. 137 | |
Schedule 10................................ | am. 1997 No. 76 |
rep. 2002 No. 255 |
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