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Determinations/Other as made
This Determination amends the Bankruptcy (Fees and Remuneration) Determination 2010 (No. 1) (Determination) in order to provide for a new fee for the advertisement of creditor meetings on the Insolvency and Trustee Service Australia's website, and also provides for the fee for lodging a debt agreement proposal to be waived in cases where an individual has received certain State and Commonwealth disaster relief payments.
Administered by: Attorney-General's
Registered 30 Jun 2011
Tabling HistoryDate
Tabled Senate05-Jul-2011
Tabled HR05-Jul-2011
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Commonwealth Coat of Arms

I, ROBERT McCLELLAND, Attorney-General, make this Determination under subsection 316 (1) of the Bankruptcy Act 1966.

Dated 21 June 2011

ROBERT McCLELLAND


1              Name of Determination

                This Determination is the Bankruptcy (Fees and Remuneration) Determination 2010 (No. 2) Amendment Determination 2011 (No. 1).

2              Commencement

                This Determination commences on 1 July 2011.

3              Amendment of Bankruptcy (Fees and Remuneration) Determination 2010 (No. 2)

                Schedule 1 amends the Bankruptcy (Fees and Remuneration) Determination 2010 (No. 2).


Schedule 1        Amendments

(section 3)

  

[1]           Part 2, heading

substitute

Part 2                 Fees exempt from GST

  

[2]           Section 2.10

substitute

2.10        Debt agreement proposals

         (1)   The fee for a person mentioned in subsection (2) for presentation or lodgement of a debt agreement proposal under section 185C of the Act is $191.

         (2)   The person is a person who in the 12 months before presentation or lodgement of the debt agreement proposal did not receive any of the payments mentioned in the table.

Item

Payment

1.1

Australian Government Disaster Recovery Payment under the Social Security Act 1991 (Cth)

1.2

Disaster Income Recovery Subsidy (ex-gratia payment under the Commonwealth executive power)

1.3

The following payments from the Premier’s Disaster Relief Appeal Fund under the Trusts Act 1973 (Qld):

   (a)  Emergency Assistance payment;

  (b)  Structural Damage Assistance – Destroyed Home

1.4

The following payments under the Natural Disaster Relief and Recovery Arrangements Determination 2007 and the Appropriation Act 2010 (Qld):

   (a)  Cyclone Assistance Grant for Small Business;

  (b)  Emergent Assistance Grant;

   (c)  Essential Household Contents Grant;

  (d)  Essential Services Safety and Reconnection Grant;

   (e)  Flood Assistance Grant for Small Business;

   (f)  Low Interest Loan for Primary Producer;

   (g)  Low Interest Loan for Small Business;

  (h)  Structural Assistance Grant

1.5

The following payments under the Natural Disaster Relief and Recovery Arrangements Determination 2007 and the Appropriation (2010/2011) Act 2010 (Vic):

   (a)  Clean-up and Restoration Grant;

  (b)  Emergency Grant;

   (c)  Re-establishment Grant;

  (d)  Temporary Living Expenses Grant

1.6

Disaster Relief Grant under the NSW Natural Disaster Relief Scheme, the Natural Disaster Relief and Recovery Arrangements Determination 2007 and the Appropriation Act 2010 (NSW)

1.7

Assistance under the Western Australia Natural Disaster Relief and Recovery Arrangements, the Natural Disaster Relief and Recovery Arrangements Determination 2007 and the Appropriation (Consolidated Account) Capital 2010-11 Act 2010 (WA)

1.8

The following payments under the Natural Disaster Relief and Recovery Arrangements Determination 2007 and the Consolidated Fund Appropriation Act (No. 1) 2010 (Tas):

   (a)  Essential Household Items Grant;

  (b)  Repair, Restoration and Clean Up Grant;

   (c)  Temporary Living Expenses Grant

1.9

The following payments under the Natural Disaster Relief and Recovery Arrangements Determination 2007 and the Appropriation Act 2010 (SA):

   (a)  Emergency Grant;

  (b)  Re-establishment Grant

         (3)   In this section:

Natural Disaster Relief and Recovery Arrangements Determination 2007 means the determination with that title, made by the Minister for Local Government, Territories and Roads under section 15 of the Appropriation Act (No. 2) 2006–2007 (Cth), as in force on the day this section commences.

[3]           After Part 2

insert

Part 2A               Fees not exempt from GST

  

2A.01      Publication of notice of creditors’ meeting

         (1)   This section applies if a trustee or a controlling trustee chooses to publish on the website of the Insolvency and Trustee Service Australia a notice of a meeting of creditors called or convened under section 64 or 73 of the Act or under an authority under section 188 of the Act.

         (2)   The fee for a request by the trustee or controlling trustee that the notice be published on the website is $275.

[4]           Part 3, heading

substitute

Part 3                 Remuneration not exempt from GST

  

 

 


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.