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No longer in force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Superseded version

View latest version

F2017C00707 (C26)

01 September 2017 - 22 December 2017

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
- 1.03 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
- 2.05 Disclosure of information by the Inspector General
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
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—Consent to act, and appointment, as trustee of estate
  - 8.01 Consent to act as trustee—subsection 156A(1) of the Act
  - 8.02 Certificate of appointment under subsection 156A(3) of the Act
- Division 2—Controlling trustees other than Official Trustee or registered trustees
- Division 3—Registered trustee ceasing to be trustee of an estate
  - 8.50 Notice of removal of trustee of estate
  - 8.55 Notice of finalisation of administration and entry on the Index
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
- 10.06 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
- 10.10 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 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 6—Modifications in relation to Part X of the Act
- Part 1—Modifications of Part X of the Act—joint debtors
- 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
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

Federal Register of Legislation

Administrative Arrangements Order - 13 May 2025

Bankruptcy Regulations 1996

Administrative Arrangements Order - 13 May 2025

Bankruptcy Regulations 1996

Legislation text