Bankruptcy Regulations (Amendment) (Cth)

Statutory Rules 1996

No. 278 1

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Bankruptcy Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Bankruptcy Act 1966.

Dated 11 December 1996.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

DARYL WILLIAMS

Attorney-General and Minister for Justice

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1.   Commencement

1.1   These Regulations commence on 16 December 1996.

[NOTE: This date is the date of commencement of Schedules 1 and 2 to the Bankruptcy Legislation Amendment Act 1996, and of the Bankruptcy Regulations.]

2.   Amendment

2.1   The Bankruptcy Regulations are amended as set out in these Regulations.

[NOTE: These Regulations are made under the Bankruptcy Act 1966 as amended in accordance with Schedule 1 to the Bankruptcy Legislation Amendment Act 1996, and in exercise of the power conferred by subs. 4 (1) of the Acts Interpretation Act 1901.]

3.   Regulation 6.03 (Household property)

3.1   Paragraph 6.03 (3) (i):

Omit “(A)” and “(B)”, substitute “(i)” and “(ii)” respectively.

4.   Regulation 6.08 (Evidentiary certificate by trustee—subsection 116 (8) of the Act)

4.1   Subregulation 6.08 (4):

Omit “being proved.”, substitute “further proof.”.

5.   Regulation 8.10   (Bill of costs)

5.1   Subregulation 8.10 (2):

Omit “those purposes,”, substitute “the purposes of subregulation (1),”.

6.   New Division 5A of Part 8

6.1   After regulation 8.14, insert:

“Division 5A—Trustee’s accounts and audit

Prescribed times for giving accounts—section 175 of the Act

 “8.14A.For the purposes of subsection 175 (1) of the Act, the following times are prescribed:

• (a)

  while the trustee continues to act as trustee:

  • (i)

    the last day of the period of 6 months commencing when the trustee commenced to act as trustee; and

  • (ii)

    the last day of each succeeding period of 6 months; and

• (b)

  28 days after the trustee ceases, for any reason, to act as trustee.”.

7.   Regulation 12.01 (Statement where moneys paid into Consolidated Revenue Fund)

7.1   Subregulation 12.01 (3):

Omit “he or she”, substitute “that person”.

8.   Regulation 13.04 (Application for certain information not to be on the Index)

8.1   Paragraphs 13.04 (1) (b) and (c):

Omit “for information”.

9.   New regulation 16.14AA

9.1   Before regulation 16.14, insert in Division 3 of Part 16:

Prescribed fees under Division 1 of Part 8 of the Act

“16.14AA.(1) For the purposes of paragraph 154A (3) (b) of the Act, a fee of $1,500 is prescribed.

“(2) For the purposes of paragraph 155C (1) (b) of the Act, a fee of $1,000 is prescribed.

“(3) For the purposes of paragraph 155D (b) of the Act, a fee of $1,000 is prescribed.

 “(4) For the purposes of paragraph 155E (3) (b) of the Act, a fee of $500 is prescribed.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 12 December 1996.

2. Statutory Rules 1996 No. 263.