Bankruptcy Rules (Amendment) (Cth)

Statutory Rules 1996

No. 191 1

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Bankruptcy Rules 2(Amendment)

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

Dated 28 August 1996.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

PHILIP RUDDOCK

Minister for Immigration and Multicultural Affairs

for the

Attorney-General and Minister for Justice

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1.   Commencement

1.1   These Rules commence on 1 September 1996.

2.   Amendment

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

3.   Rule 179 (Fees and percentages)

3.1   After subrule 179 (1), insert:

 “(1AAA) If a corporation is liable to pay a fee prescribed by rule 179, being a fee specified in item 1 or 9 in Schedule 4, the amount of the fee payable is twice the amount of the fee specified in the Schedule.

 “(1AA) For the purposes of subrule (1AAA), ‘corporation’ has the same meaning as in the Corporations Law.”.

3.2   Subrule 179 (1A):

After “A fee”, insert “(except a fee specified in item 1 or 9 in Schedule 4)”.

[Note: The following note should be inserted after subrule 179 (1A):

“[Note: Rule 183A provides for the circumstances in which a fee specified in item 1 or 9 in Schedule 4 is not payable.]”]

4.   New rules 179A and 179B

4.1   After rule 179, insert:

Biennial increases in fees

 “179A.Despite any other provision of these Rules, a fee prescribed by rule 179, being a fee specified in item 1 or 9 in Schedule 4, is increased, in accordance with rule 179B, on each biennial anniversary of 1 July 1996.

Calculation of increase

 “179B.(1)In this rule:

‘fee’ means a fee prescribed by rule 179, being a fee specified in item 1 or 9 in Schedule 4;

‘CPI number’ means the All Groups Consumer Price Index number (being the weighted average of the 8 Australian capital cities) published by the Australian Statistician;

‘relevant period’ means any of the following periods:

• (a)

  the 2 year period commencing on 1 July 1996;

• (b)

  after that period—each 2 year period commencing on a biennial anniversary of 1 July 1996.

 “(2)If, in a relevant period, the latest CPI number is greater than the earlier CPI number, a fee is taken to increase, on 1 July immediately following the end of the period, in accordance with the formula:

fee

xlatest CPI number

earlier CPI number

where:

‘earlier CPI number’ is the CPI number for the last March quarter before the beginning of the relevant period; and

‘fee’ is the fee in force during the relevant period; and

‘latest CPI number’ is the CPI number for the last March quarter before the end of the relevant period.

 “(3) If, apart from this subrule, the amount of a fee increased under subrule (2) would be an amount of dollars and cents, the amount is to be rounded to the nearest whole dollar and, if the amount to be rounded is 50 cents, rounded down.

 “(4)Subject to subrule (5), if at any time, whether before or after the commencement of this rule, the Australian Statistician publishes for a particular March quarter a CPI number in substitution for an index number previously published by the Australian Statistician for that quarter, the publication of the later index number is to be disregarded for the purposes of this rule.

 “(5)If, at any time, whether before or after the commencement of this rule, the Australian Statistician changes the reference base for the Consumer Price Index, then, for the purposes of the application of this rule after the change is made, regard shall be had only to numbers published in terms of the new reference base.”.

5.   Rule 183 (Postponement, waiver or remission of certain fees by Registrar)

5.1   After subrule 183 (3), insert:

 “(4) This rule does not apply to a fee prescribed by rule 179, being a fee specified in item 1 or 9 in Schedule 4.”.

6.   New rule 183A

6.1   After rule 183, insert:

Certain fees not payable in particular circumstances

 “183A.A fee prescribed by rule 179, being a fee specified in item 1 or 9 in Schedule 4, is not payable if:

• (a)

  the person liable to pay the fee has been granted legal aid, under a legal aid scheme or service established under Commonwealth, State or Territory law or approved by the Attorney-General, for the matter to which the fee relates; or

• (b)

  the person liable to pay the fee is:

  • (i)

    the holder of one of the following cards issued by the Department of Social Security:

    • (A)

      a health care card;

    • (B)

      a health benefit card;

    • (C)

      a pensioner concession card;

    • (D)

      a Commonwealth seniors health card; or

  • (ii)

    the holder of any other card issued by the Department of Social Security or the Department of Veterans’ Affairs that certifies entitlement to Commonwealth health concessions; or

  • (iii)

    an inmate of a prison or is otherwise lawfully detained in a public institution; or

  • (iv)

    a child under the age of 18 years; or

  • (v)

    in receipt of AUSTUDY within the meaning of the AUSTUDY Regulations; or

  • (vi)

    in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme; or

• (c)

  the Registrar, having regard to the income, day to day living expenses, liabilities and assets of the person liable to pay the fee, waives payment of the fee because, in his or her opinion, it would cause financial hardship to the person.”.

7.   Schedule 4 (Fees to be taken in the office of the Registrar)

7.1   Item 1:

Omit “368.00”, substitute “800.00”.

7.2   Item 9:

Omit “368.00”, substitute “800.00”.

[Note: The following notes should be added at the end of Schedule 4:

“[Notes: 1. Subrule 179 (1AAA) provides for a fee payable by a corporation in respect of items 1 or 9 to be twice the fee specified in the Schedule.

2. The fees specified in items 1 and 9 are subject to increase under rule 179A.]”]

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 August 1996.

2. Statutory Rules 1968 No. 2 as amended by 1975 No. 52; 1976 Nos. 105, 143 and 235; 1977 Nos. 32 and 136; 1978 No. 19; 1979 Nos. 157 and 243; 1980 Nos. 385 and 386; 1981 Nos. 40, 304 and 305; 1982 No. 247; 1984 Nos. 23 and 155; 1986 Nos. 84, 95, 96 and 323; 1987 Nos. 21, 51, 54 and 223; 1988 Nos. 19, 261, 342 and 343; 1989 Nos. 176, 182, 183, 245 and 376; 1991 No. 117; 1992 Nos. 194, 261 and 400; 1993 No. 90; 1994 Nos. 214 and 307; 1995 Nos. 251 and 422.