Skip to main
Help and resources
Register
for My Account
Sign in
to My Account
Search
Australian Government
Federal Register of Legislation
Site navigation
Constitution
Acts
Legislative instruments
Notifiable instruments
Gazettes
Administrative Arrangements
Prerogative instruments
Norfolk Island
Home
Legislative instruments
In force
Text
Details
Authorises
Downloads
All versions
Interactions
Bankruptcy Regulations 2021
In force
Administered by
Attorney-General's Department
This item is authorised by the following title:
Bankruptcy Act 1966
Latest version
Click for more info
Order print copy
Save this title to My Account
Set up an alert
F2023C01087 (C02)
23 November 2023
-
13 October 2024
Legislation text
View document
Select value
Legislative instrument
Filter active
Table of contents
Enter text to search the table of contents
Collapse
Part 1—Preliminary
1 Name
3 Authority
4 Definitions
Collapse
Part 2—Administration
5 Disclosure of information by Inspector General
6 Prescribed rate of interest on money held in Common Fund
Collapse
Part 3—Courts
7 Prescribed countries
Collapse
Part 4—Proceedings in connection with bankruptcy
Collapse
Division 1—Bankruptcy notices
8 Application for bankruptcy notice
9 Form of bankruptcy notice
10 Service of bankruptcy notice
10A Prescribed statutory minimum
11 Inspection of bankruptcy notice
12 Judgment or order in foreign currency
Division 2—Petitions
13 Copy of petition, and certain orders, to be given to Official Receiver
14 Control of debtor’s property before sequestration
15 Preliminary remuneration and expenses of trustee
16 Application for damages where petition dismissed
17 Prescribed modifications of applied provisions
18 Acceptance of debtor’s declaration
19 Prescribed information to be supplied by Official Receiver to debtor
20 Presentation of debtor’s petition
21 Debtor’s petition—filing of trustee’s consent
22 Notice to partners of referral to Court of petition by other partners against the partnership
Collapse
Part 5—Control over person and property of debtors and bankrupts
23 Arrest of debtor or bankrupt
Collapse
Part 6—Administration of property
Collapse
Division 1—Proof of debts
24 Proof of debt in foreign currency
Collapse
Division 2—Order of payment of debts
25 Priority payments—order of payment of certain costs, charges, expenses and remuneration
26 Maximum amount payable to employee
Collapse
Division 3—Property available for payment of debts
27 Household property that is not available for payment of debts
28 Personal property with sentimental value that is not available for payment of debts
29 Tools that are not available for payment of debts
30 Motor vehicles that are not available for payment of debts
Collapse
Division 4—Undervalued transactions
31 Transfers exempt from being void against trustee
Collapse
Division 5—Realisation of property
32 Disclaimer of onerous property
Collapse
Division 6—Definition of income
33 Fringe benefits—modification of the FBTA Act
34 Superannuation contributions
35 Family assistance and social security payments
Collapse
Division 7—Contributions by bankrupt
36 Contribution assessment—income of dependant
37 Contributions by bankrupt—modes of payment
38 Contributions where bankrupt dies
39 Discharged bankrupt to give information if contribution unpaid
Collapse
Division 8—Collection of money or property by Official Receiver from person other than the bankrupt
40 Notice under section 139ZL of the Act not to refer to protected money
41 Notice under section 139ZL of the Act (notice of ceasing or commencing employment)
Collapse
Division 9—Distribution of property
42 Minimum amount of dividend
43 Manner of declaring final dividend
Collapse
Part 7—Discharge and annulment
44 Trustee to inform Official Receiver of return of bankrupt to Australia
45 Grounds of objection—failure to provide complete and accurate information
46 Inspector General to inform Official Receiver of AAT decision about Inspector General’s decision
Collapse
Part 8—Trustees
Collapse
Division 1—Consent to act, and appointment, as trustee of estate
47 Filing consent to act as trustee with the Official Receiver
48 Certificate of appointment under subsection 156A(3) of the Act
Collapse
Division 2—Controlling trustees other than Official Trustee or registered trustees
49 Ineligibility of certain persons to act as controlling trustee
50 Review by Tribunal of determination
51 Official Trustee to perform duties of controlling trustee
Collapse
Division 3—Registered trustee ceasing to be trustee of an estate
52 Notice of removal of trustee of estate
53 Notice of finalisation of administration
Collapse
Part 9—Debt agreements
54 Prescribed information to be supplied to debtor
55 Presentation of debt agreement proposal
56 Qualifications for approval of application to be registered as debt agreement administrator
57 Prescribed amount of owed notified estate charges preventing renewal of registration as debt agreement administrator
Collapse
Part 10—Personal insolvency agreements
58 Modifications of Part X of the Act—joint debtors
59 Information to be given to debtor about personal insolvency agreements
60 Signing authority by another person on behalf of debtor
61 Documents under section 188 of the Act
62 Controlling trustee to give Official Receiver copy of special resolution and certain particulars
63 Modifications of Part VIII of the Act—controlling trustees and trustees of personal insolvency agreements
64 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
65 Notification of personal insolvency agreement
66 Information to be given to Official Receiver in relation to certain sequestration orders
67 Information to be given to Official Receiver in relation to orders terminating or setting aside a personal insolvency agreement
68 Termination of personal insolvency agreement by trustee
69 Modifications of Parts V and VI of the Act—personal insolvency agreements
70 Certificate relating to realisation of divisible property and non availability of dividend
Collapse
Part 11—Administration of estates of deceased persons in bankruptcy
71 Modifications of the Act—administration of estates of deceased persons
Collapse
Part 12—Unclaimed dividends or money
72 Statement where money paid to the Commonwealth
Collapse
Part 13—National Personal Insolvency Index
Collapse
Division 1—General
73 Establishment and maintenance of the National Personal Insolvency Index
74 Information in the Index
Collapse
Division 2—Information to be entered in the Index
75 Documents that must be given to Official Receiver
76 Documents given to Official Receiver in accordance with the Act
77 Documents given to Official Receiver in accordance with this instrument
78 Information about specified events
79 Information about certain debtors
Collapse
Division 3—Information not to be entered in the Index and information to be removed from the Index
80 Application for information to be removed, corrected or not entered in the Index
81 Application to the Administrative Appeals Tribunal
82 Removal from the Index of information relating to debt agreement
83 Removal from the Index of information relating to debt agreement proposal
Collapse
Division 4—Other matters
84 Inspection of the Index
85 Information extracted from the Index to be evidence
86 Immunity from defamation
Collapse
Part 14—Offences under the Act
Collapse
Division 1—Arrest of person failing to attend before the Court etc.
87 Apprehension under a warrant—notification to Registrar in certain cases
88 Registrar to act on notification—direction to person executing warrant
Collapse
Division 2—Infringement notices
89 Purpose and operation of this Division
90 When an infringement notice may be given
91 Matters to be included in an infringement notice
92 Extension of time to pay amount
93 Withdrawal of an infringement notice
94 Effect of payment of amount
95 Evidentiary certificates
96 Effect of this Division
Collapse
Part 15—Provisions relating to the Bankruptcy (Estate Charges) Act 1997
97 Purpose of Part
98 Mode of payment
99 Overpayments to be refunded or offset
100 Information to accompany payment of interest charge
101 Information to accompany payment of realisations charge
Collapse
Part 16—Miscellaneous
Collapse
Division 1—Matters relating to documents
102 Service of documents
103 Documents for Inspector General, Official Receiver or Official Trustee
104 Proof of statement of affairs
105 Document filed by Inspector General or Official Receiver—fee not payable
Collapse
Division 2—Matters relating to fees
106 Payment of fees
107 Official Trustee’s entitlement to interim remuneration
108 Reimbursement of Official Trustee for expenses
109 Fee for inspecting notes and transcript of evidence
110 Fee for making request for consent to leave Australia
111 Waiver or remission of fees by Inspector General
112 Review of decision of the Inspector General
Collapse
Division 3—Other matters
113 Inventory by trustee taking possession of, or attaching, property
114 Indexation
Collapse
Part 17—Application, saving and transitional provisions
115 Things done under the Bankruptcy Regulations 1996
116 Taxable value of car fringe benefits
Collapse
Schedule 1—Forms
Collapse
Schedule 2—Modifications of the FBTA Act
FBTA Act
Collapse
Schedule 3—Modifications in relation to Part X of the Act
Collapse
Part 1—Modifications of Part X of the Act—joint debtors
Bankruptcy Act 1966
Part 2—Modifications of Part VIII of the Act—controlling trustees and trustees of personal insolvency agreements
Bankruptcy Act 1966
Part 3—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
Bankruptcy Act 1966
Part 4—Modification under subsection 231(1) of the Act—personal insolvency agreements
Bankruptcy Act 1966
Part 5—Modifications under subsection 231(3) of the Act—personal insolvency agreements
Bankruptcy Act 1966
Schedule 4—Modifications under Part XI of the Act—administration of estates of deceased persons
Bankruptcy Act 1966
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history