Statutory Rules
1975 No. 52
RULE UNDER THE BANKRUPTCY ACT 1966-1973.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Rule under the Bankruptcy Act 1966-1973.
Dated this twenty-seventh day of March, 1975.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
KEP ENDERBY
Attorney-General.
___________
Amendment of the Bankruptcy Rules†
Third Schedule.
The Third Schedule to the Bankruptcy Rules is repealed and the following Schedule substituted:—
“THIRD SCHEDULE Rule 179
Fees to be taken in the Office of The Registrar
Item No. | Matter | Fee |
| | |
| | $ |
1 | For a photographic or other copy of a document—per page.............. | 0.40 |
| | |
2 | For searching in the indexes kept by the Registrar—for each name to be searched | 0.60 |
| | |
3 | For inspecting documents filed in connexion with a proceeding or in relation to a debtor and making copies of, or taking extracts from, documents so filed—for each file inspected except by or on behalf of a party to the proceedings | 0.60 |
| | |
4 | For a search in the indexes kept by the Registrar, being a search made by an officer at the request of another person, including advice as to the result of the search—for each name searched | 2.00 |
| | |
* Notified in the Australian Government Gazette on 8 April 1975.
† Statutory Rules 1968, No. 2.
Overview
The Statutory Rules 1975 No. 52, made under the Bankruptcy Act 1966-1973, was introduced to amend the existing Bankruptcy Rules to reflect changes in administrative practices and to standardise fees associated with services provided by the Registrar's Office. Enacted by the Governor-General of Australia, with the advice of the Executive Council, this legislative instrument aims to ensure that the operational aspects of the Bankruptcy Act are efficiently managed and that there is transparency in the costs associated with accessing records and documents related to bankruptcy proceedings. The rule addresses the need for updated fee structures, ensuring they remain reflective of the costs incurred by the Registrar's Office for providing various services, such as document searches, inspections, and copying. This legislative amendment is intended to streamline the administration of bankruptcy matters by providing clear and updated fee guidelines.
Scope and Application
The Statutory Rules 1975 No. 52, made under the Bankruptcy Act 1966-1973, amends the Bankruptcy Rules by modifying the Third Schedule, which pertains to fees to be taken in the Office of The Registrar. This legislative instrument is part of the Commonwealth's regulatory framework and applies to all individuals and entities involved in the administration of bankruptcy proceedings in Australia. It sets out specific fees for various services provided by the Registrar, such as the cost for obtaining copies of documents, searching indexes, and inspecting files related to bankruptcy proceedings. The fees outlined in the Third Schedule are applicable across the nation, ensuring a uniform approach to financial charges associated with these services. This amendment does not introduce new exclusions, exemptions, or thresholds but rather updates the fees to reflect contemporary economic conditions. The applicability and enforcement of these fees are further managed through subordinate instruments that may extend or restrict their application based on specific circumstances or changes in the legislative environment.
Key Provisions
The primary operative sections of the Statutory Rules 1975 No. 52, which amend the Bankruptcy Rules under the Bankruptcy Act 1966-1973, are focused on the fees associated with various services provided by the Office of the Registrar. Specifically, Rule 179, which is part of the Third Schedule, sets out the fees for different services rendered (Rule 179). For instance, the fee for obtaining a photographic or other copy of a document is set at $0.40 per page (Item No. 1). Additionally, fees are specified for searching in the indexes kept by the Registrar, with the cost varying depending on whether the search is conducted by a party to the proceedings or by an officer at the request of another person (Items No. 2 and 4). Inspection of documents filed in connection with a proceeding or in relation to a debtor, along with making copies or taking extracts from these documents, is charged at $0.60 per file inspected (Item No. 3).
These provisions impose certain obligations and requirements on the parties or entities governed by the Bankruptcy Act. Primarily, they establish a clear financial structure for accessing and utilising the services provided by the Office of the Registrar. Parties or entities seeking services such as document copies, searches in the indexes, or document inspections must adhere to the fee structure outlined in Rule 179. This ensures that the Office of the Registrar can maintain its operations and provide these services efficiently while being compensated appropriately for its work.
The legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach within the provided text. However, the adherence to the fee structure is implicitly mandatory, and failure to comply with the stipulated fees could potentially lead to administrative consequences. While the text does not detail penalties for non-compliance, it is reasonable to infer that any deviation from the prescribed fees could result in disputes or require resolution through the relevant legal channels, potentially leading to additional costs or enforcement actions.