EXPLANATORY STATEMENT
Issued by the authority of the Attorney-General
Bankruptcy Act 1966
Bankruptcy (Fees and Remuneration) Determination 2013
Amendment Determination 2013 (No.1)
Summary
The Bankruptcy (Fees and Remuneration) Determination 2013 Amendment Determination 2013 (No. 1) (the Amending Determination) is made under section 316 of the Bankruptcy Act 1966. Section 316 provides that the Minister may make legislative instruments providing for fees and remuneration payable under the Act.
Purpose
The Amending Determination amends the Bankruptcy (Fees and Remuneration) Determination 2013 (the Determination). The Determination commenced on 1 July 2013 and replaced the Bankruptcy (Fees and Remuneration) Determination 2010 (No. 2) (the 2010 Determination). The Determination renumbered clauses 3.03 to 3.11 of the 2010 Determination as clauses 3.02 to 3.10. This renumbering had an unintended effect on cross-references to the clauses in Part 3 contained in regulations 16.07 and 16.08 of the Bankruptcy Regulations 1996.
The Amending Determination amends the Determination to restore the numbering of clauses in Part 3 that applied prior to the Determination commencing on 1 July 2013, and will ensure the effectiveness of the cross-references in the Bankruptcy Regulations 1996.
Commencement
The Amending Determination commences on the day after registration.
Consultation
As the amendments made by the Amending Determination do not change the content of the Determination, but merely renumber clauses in Part 3, no consultation was undertaken.
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
A Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is provided at Attachment A to this Explanatory Statement.
Details of the changes
Substitution of Part 3 (item 1 of Schedule 1)
Item 1 of Schedule 1 substitutes Part 3 of the Determination with a new Part 3, with the result that clauses 3.02 to 3.10 of the Determination are renumbered 3.03 to 3.11. This renumbering ensures the effectiveness of cross-references to the clauses in Part 3 that are contained in the Bankruptcy Regulations 1996.
Attachment A
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Bankruptcy (Fees and Remuneration) Determination 2013
Amendment Determination 2013 (No.1)
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
This Legislative Instrument amends the Bankruptcy (Fees and Remuneration) Determination 2013 in order to correct a numbering error.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
George Brandis QC
Attorney-General