Bankruptcy (Fees and Remuneration) Determination 2013 Amendment Determination 2013 (No. 1)

Overview

The Bankruptcy (Fees and Remuneration) Determination 2013 Amendment Determination 2013 (No.1) was enacted in 2013 under section 316 of the Bankruptcy Act 1966 to correct a clerical error in the original Determination that affected the numbering of clauses in Part 3. This error subsequently impacted the cross-references to those clauses in the Bankruptcy Regulations 1996. The Amendment Determination was made by the Minister for Justice and Regulatory Reform, and its purpose is to restore the clause numbering in Part 3 to its original sequence, thereby ensuring the effectiveness of the cross-references in the regulations. The determination came into effect on the day after it was registered, and no consultation was necessary as the changes were purely technical. Additionally, a Statement of Compatibility with Human Rights was prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011, confirming that the Amendment Determination does not engage any of the applicable rights or freedoms and is thus compatible with human rights.

Scope and Application

The Bankruptcy (Fees and Remuneration) Determination 2013 Amendment Determination 2013 (No. 1) amends the Bankruptcy (Fees and Remuneration) Determination 2013, which was made under section 316 of the Bankruptcy Act 1966. This Act applies to individuals and entities involved in bankruptcy proceedings in Australia, particularly those who are or have been bankrupt, and the officials and practitioners who administer the bankruptcy system. The legislation is enacted at the Commonwealth level, applying uniformly across Australia. The Amending Determination rectifies a clerical error in the original Determination by restoring the original clause numbering, which inadvertently affected cross-references in the Bankruptcy Regulations 1996. The amendment ensures that the references in the regulations are valid and effective. This legislative instrument does not introduce new rights or freedoms, nor does it impose any new obligations beyond those already set out in the primary Act and its subordinate regulations. The amendment is designed purely to correct a technical error without altering the substantive content of the fees and remuneration outlined in the original Determination.

Key Provisions

The Bankruptcy (Fees and Remuneration) Determination 2013 Amendment Determination 2013 (No. 1) amends the Bankruptcy (Fees and Remuneration) Determination 2013 (the Determination) made under section 316 of the Bankruptcy Act 1966. This amendment is intended to correct a numbering error that occurred when the Determination commenced on 1 July 2013, which had an unintended effect on cross-references to certain clauses in the Bankruptcy Regulations 1996. Specifically, clauses 3.03 to 3.11 of the 2010 Determination were renumbered as clauses 3.02 to 3.10 in the Determination, affecting the cross-references in regulations 16.07 and 16.08 of the Bankruptcy Regulations 1996. The Amending Determination restores the original numbering of these clauses in Part 3 to ensure the effectiveness of the cross-references in the regulations. The Amending Determination imposes obligations on the relevant parties to ensure that the corrected numbering of clauses in Part 3 of the Determination is applied appropriately. This is crucial to maintain the integrity and effectiveness of the cross-references in the Bankruptcy Regulations 1996. The parties involved, including administrators, trustees, and other relevant entities, must adhere to the renumbered clauses to avoid any confusion or misinterpretation that could arise from the numbering error. There are no specific offences, penalties, or consequences outlined for breach of the Amending Determination itself. However, any failure to comply with the corrected clauses in Part 3 of the Determination could potentially lead to issues under the Bankruptcy Act 1966 or the Bankruptcy Regulations 1996. For instance, non-compliance with the correct fee structures or remuneration guidelines could result in administrative or legal actions under the broader framework of the Bankruptcy Act. The penalties for such breaches would be in line with the provisions of the primary Act and any associated regulations, which could include fines or other administrative actions.