Bankruptcy Regulations 1996

No longer in force

Administered by

Attorney-General's Department

This item is authorised by the following title:

Bankruptcy Act 1966

Superseded version

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View as made version

F2015C00948

19 November 2015 - 31 March 2016

For application, saving and transitional provisions relating to the repeal of these regulations, see sections 115 and 116 of the Bankruptcy Regulations 2021.

This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003.

Table of contents

Part 1—Preliminary
- 1.01 Name of Regulations
- 1.02 Commencement
- 1.03 Interpretation
- 1.04 Application of Criminal Code
Part 2—Administration
- 2.01 Section 20J of the Act—prescribed rate of interest on moneys in Common Fund
Part 3—Courts
- 3.01 Paragraph 29(5)(b) of the Act—prescribed countries
Part 4—Proceedings in connexion with bankruptcy
- Division 1—Bankruptcy notices
- Division 2—Petitions
- 4.05 Copy of petition, etc to be given to Official Receiver
- 4.06 Control of debtor’s property before sequestration
- 4.07 Expenses of trustee before sequestration
- 4.08 Application for damages where petition dismissed
- 4.09 Subsection 50(5) of the Act—prescribed modifications of applied provisions
- 4.10 Acceptance of debtor’s declaration
- 4.11 Prescribed information to be supplied by Official Receiver to debtor
- 4.12 Debtor’s petition—filing of trustee’s consent
- 4.13 Notice to partners of referral to Court of petition by other partners against the partnership
- Division 3—Miscellaneous
- 4.14 Notification by trustee to creditors
- 4.15 Exercise of proxy by trustee’s representative at meeting
- 4.16 Lodgment of proxies by fax—section 64M of the Act
- 4.17 Inspection and copying of composition or scheme of arrangement
- 4.18 Proposal and report for a composition or arrangement
- 4.19 Meetings of creditors—modification of Division 5 of Part IV of the Act
Part 5—Control over person and property of debtors and bankrupts
- 5.01 Where debtor or bankrupt is arrested
- 5.02 Fee for making request for consent to leave Australia
Part 6—Administration of property
- Division 1—Order of payment of debts
  - 6.01 Priority payments under section 109 of the Act—prescribed matters
  - 6.02 Maximum amount payable to employee
- Division 2—Property available for payment of debts
- Division 2A—Rural support schemes
  - 6.04A Prescribed rural support schemes (Act s 116)
  - 6.04B Prescribed rural support schemes (Act s 116)
- Division 4—Undervalued transactions
  - 6.09 Transfers exempt from being void against trustee
- Division 5—Realisation of property
  - 6.10 Disclaimer of onerous property
- Division 6—Definition of income (Act s 139L)
- Division 7—Contributions by bankrupt
- Division 8—Notice under section 139ZL of the Act
  - 6.19 Notice under section 139ZL of the Act not to refer to protected money
  - 6.20 Notice under section 139ZL of the Act (notice of ceasing or commencing employment)
- Division 9—Distribution of property
  - 6.21 Minimum amount of dividend
  - 6.22 Manner of declaring final dividend
Part 7—Discharge and annulment
- 7.01 Trustee to inform the Official Receiver of return of bankrupt to Australia
- 7.01A Grounds of objection—failure to provide complete and accurate information
- 7.02 Trustee to inform the Official Receiver of cancellation of objection
Part 8—Trustees
- Division 1—Application for registration, or extension of registration, as a trustee
  - 8.01 Documents to accompany application for registration
  - 8.02 Qualifications, experience, knowledge and abilities of applicants
  - 8.03 Subsection 155C (2) of the Act—prescribed particulars of applicant for registration as a trustee
  - 8.04 Extension of registration—proof of insurance
- Division 1A—Change in trustee’s particulars
  - 8.04A Trustee to notify change in particulars
- Division 2—Registration of trustees
  - Subdivision 1—Preliminary
    - 8.05 Definitions
  - Subdivision 2—Constitution and procedure of committees generally
  - 8.05A Chairperson of a committee
  - 8.05B Trustee chosen by the Insolvency Practitioners Association of Australia
  - 8.05C Resignation of chairperson
  - 8.05D Resignation of members
  - 8.05E Disclosure of interests
  - 8.05F Removal of members from a committee
  - 8.05G Convening of a replacement committee
  - 8.05H General procedures of a committee
  - 8.05I Procedure at committee meetings
  - 8.05J Resolutions without meeting
  - Subdivision 3—Inquiries and interviews
  - 8.05K Inquiries by the committee
  - 8.05L Notice of interview
  - 8.05M Applicant interviews
  - 8.05N Report of committee decision
  - Subdivision 4—Other matters
  - 8.05O Confidentiality
  - 8.05P Evidence of proceedings at committee meetings
- Division 3—Consent to act, and appointment, as trustee of estate
- 8.06 Consent to act as trustee—subsection 156A(1) of the Act
- 8.06A Certificate of appointment under subsection 156A(3) of the Act
- Division 4—Trustee’s remuneration
- Subdivision 1—Prescribed rates—subsections 162(2) and (3) of Act
  - 8.07 Prescribed rate—subsection 162(2) of the Act
  - 8.08 Prescribed rate—subsection 162(3) of the Act
- Subdivision 2—Trustee’s remuneration decided by Inspector General
  - 8.09 Circumstances in which trustee may apply to Inspector General to decide remuneration
  - 8.10 Application to Inspector General to decide remuneration
  - 8.11 Matters to which Inspector General must have regard
- Subdivision 3—Remuneration of trustees—notices
  - 8.12 Notices
  - 8.12A Initial remuneration notice
  - 8.12B Remuneration approval notice
  - 8.12C Remuneration claim notice
- Subdivision 4—Review of remuneration
  - 8.12D Review of remuneration
  - 8.12E Application for review—remuneration
  - 8.12F Application threshold
  - 8.12G Notification of decision
- Subdivision 5—Review of bill of costs
  - 8.12H Review of bill of costs
  - 8.12I Application for review—third party bill of costs
- Subdivision 6—Review by Inspector General
  - 8.12J Review by Inspector General
  - 8.12K How review to be conducted
  - 8.12L Powers of Inspector General
  - 8.12M Non compliance with directions
  - 8.12N Decision of Inspector General
  - 8.12O Repayments of excess
- Division 5—Registered trustee ceasing to be trustee of an estate
- 8.13 Notice of removal of trustee of estate
- 8.14 Notice of finalisation of administration; entry on the Index
- Division 6—Variation and termination of registration
- Subdivision 1—Preliminary
  - 8.15 Definitions
  - 8.16 Documents to accompany application for change or removal of conditions
- Subdivision 2—Constitution and procedure of committees generally
  - 8.17 Chairperson of a committee
  - 8.18 Trustee chosen by the Insolvency Practitioners Association of Australia
  - 8.19 Resignation of chairperson
  - 8.20 Resignation of members
  - 8.21 Disclosure of interests
  - 8.22 Removal of members from a committee
  - 8.23 Convening of a replacement committee
  - 8.24 General procedures of a committee
  - 8.25 Procedure at committee meetings
  - 8.26 Resolutions without meeting
- Subdivision 3—Inquiries and interviews
  - 8.27 Inquiries by the committee
  - 8.28 Notice of interview (Act s 155E(6))
  - 8.29 Change of conditions on practising as a registered trustee—interview
  - 8.30 Involuntary termination of registration—interview
  - 8.31 Report of committee decision
- Subdivision 4—Other committee related matters
  - 8.32 Confidentiality
  - 8.33 Evidence of proceedings at committee meetings
  - 8.34 Time for deciding matters (Act s 155I(1))
- Subdivision 4A—Standards for trustees
  - 8.34A Performance standards for trustees (including controlling trustees)
- Subdivision 5—Controlling trustees other than Official Trustee or registered trustees
  - 8.35 Eligibility of controlling trustees, other than Official Trustee or registered trustees
  - 8.36 Review by Tribunal of determination under subregulation 8.35(2)
  - 8.37 Official Trustee to perform duties
Part 9—Debt agreements
- 9.01 Prescribed information to be supplied to the debtor
- 9.02 Qualifications of applicants
Part 10—Personal insolvency agreements
- 10.01 Modifications of Part X of the Act—joint debtors
- 10.02 Information to be given to debtor (Act ss 188(2AA) and (2AB))
- 10.03 Documents under section 188 of Act
- 10.04 Documents for meeting called under an authority under section 188 of the Act
- 10.05 Modifications of Division 5 of Part IV of the Act—meetings called under authorities under section 188 of the Act
- 10.06 Controlling trustee to give Official Receiver copy of special resolution and certain particulars for the Index
- 10.07 Modifications of Part VIII of the Act—controlling trustees and trustees of personal insolvency agreements
- 10.08 Modifications of Division 1 of Part V of the Act—debtors whose property is subject to control under Division 2 of Part X of the Act
- 10.09 Meeting if trustee does not execute personal insolvency agreement
- 10.10 Notification of personal insolvency agreement
- 10.11 Sequestration order, or order terminating or setting aside a personal insolvency agreement—notice to Official Receiver (Act s 221, s 222 and s 222C)
- 10.12 Termination of personal insolvency agreement by trustee (Act s 222A)
- 10.13 Modifications of Parts V and VI of the Act—personal insolvency agreements
- 10.14 Certificate relating to realisation of divisible property and non availability of dividend
Part 11—Administration of estates of deceased persons in bankruptcy
- 11.01 Statement of affairs and of administration of estate
- 11.01A Copy of petition etc to be given to Official Receiver
- 11.01B Proof of statement of affairs
- 11.02 Modifications of the Act—administration of estates of deceased persons
Part 12—Unclaimed dividends or moneys
- 12.01 Statement where moneys are paid to the Commonwealth
Part 13—National Personal Insolvency Index
- Division 1—Preliminary
  - 13.01 Interpretation
  - 13.02 Establishment and maintenance of the National Personal Insolvency Index
- Division 2—Information to be entered on the Index
- Division 2A—Removal of information from the Index
  - 13.05A Removal of information relating to debt agreement from the Index
  - 13.05B Removal of information relating to debt agreement proposal from the Index
- Division 3—Miscellaneous
Part 14—Offences under the Act
- Division 1—Offences
  - 14.01 Apprehension under a warrant—notification to Registrar in certain cases
  - 14.02 Registrar to act on notification; direction to person executing warrant
- Division 2—Infringement notices
Part 15A—Provisions relating to the Bankruptcy Charges Acts
- 15A.01 Interpretation
- 15A.02 Mode of payment
- 15A.03 Overpayments to be refunded or offset
- 15A.04 Information to accompany payment of interest charge
- 15A.05 Information to accompany payment of realisations charge
- 15A.07 Lodgment of request for remission
Part 16—Miscellaneous
- Division 1—Provisions concerning documents (including inventories)
- Division 2—Matters relevant to fees
- Division 3—Transitional
  - 16.13 Application of Same Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008
  - 16.14 Transitional provisions relating to the Bankruptcy Amendment (National Personal Insolvency Index) Regulation 2015
Schedule 1—Forms
Schedule 2—Modifications under section 76A of the Act—meetings of creditors under Division 6 of Part IV of the Act
Schedule 3—Paragraph 109(1)(a) of the Act—order of payment of first priority debts
Schedule 4—Modifications of the Fringe Benefits Tax Assessment Act 1986
Schedule 4A—Performance standards for trustees (including controlling trustees)
- Part 1—Preliminary
  - 1.1 Purpose
  - 1.2 Definitions
- Part 2—General standards
- Part 3—Standards for trustees other than controlling trustees
- Part 4—Standards for trustees of bankrupt estates
- Part 5—Standards for controlling trustees
Schedule 6—Modifications in relation to Part X of the Act
- Part 1—Modifications of Part X of the Act—joint debtors
- Part 2—Modifications of Division 5 of Part IV of the Act—meetings called under authorities under section 188 of the Act
- Part 3—Modifications of Part VIII of the Act—controlling trustees and trustees of personal insolvency agreements
- Part 4—Modifications of Division 1 of Part V of the Act—debtors whose property is subject to control under Division 2 of Part X of the Act
- Part 5—Modification under subsection 231(1) of the Act—personal insolvency agreements
- Part 6—Modifications under subsection 231(3) of the Act—personal insolvency agreements
- Part 7—Modification under subsection 231(5) of the Act—trustees of personal insolvency agreements
Schedule 7—Modifications under Part XI of the Act—administration of estates of deceased persons
Schedule 8—Information on the National Personal Insolvency Index
- Endnotes

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Bankruptcy Regulations 1996

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Bankruptcy Regulations 1996 Citation change

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Bankruptcy Regulations 1996