BANKRUPTCY (ESTATE CHARGES) ACT 1997 - NOTES
BANKRUPTCY (ESTATE CHARGES) ACT 1997 - NOTES
No. 12, 1997
Compilation No. 12
Compilation date: 2 August 2021
Includes amendments up to: Act No. 149, 2020
Registered: 31 August 2021
About this compilation
This compilation
This is a compilation of the Bankruptcy (Estate Charges) Act 1997 that shows the text of the law as amended and in force on 2 August 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Act to bind the Commonwealth Crown
4 Interpretation
Part 2--Interest charge
5 Interest charge
Part 3--Realisations charge
6 Realisations charge
6A Charge not payable on estate surplus
7 Amount of charge payable
7A Certain amounts treated as being received by person
8 Working out the amount on which charge is payable
Part 4--Miscellaneous
9 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
12, 1997 | 13 Mar 1997 | 14 Apr 1997 (s 2(1) and gaz 1997, No S136) |
| |
158, 2001 | 1 Oct 2001 | 3 July 2002 (s 2) | Sch 1 (items 10-16) | |
as amended by |
|
|
|
|
61, 2002 | 3 July 2002 | Sch 1 (item 11): 3 July 2002 (s 2(1) item 3) | -- | |
61, 2002 | 3 July 2002 | Sch 1 (items 1-10, 12, 13): 3 July 2002 (s 2(1) items 2, 4) | Sch 1 (items 12, 13) | |
81, 2004 | 23 June 2004 | Sch 1: 1 Dec 2004 (s 2(1) item 2) | Sch 1 (item 4) | |
Bankruptcy Legislation Amendment (Fees and Charges) Act 2006 | 34, 2006 | 3 May 2006 | Sch 2: 1 July 2006 (s 2(1) item 4) | Sch 2 (item 3) |
43, 2007 | 10 Apr 2007 | 1 July 2007 (s 2) | Sch 1 (item 4) | |
11, 2016 | 29 Feb 2016 | Sch 1 (items 99-178): 1 Mar 2017 (s 2(1) item 2) | Sch 1 (items 101-178) (as modified by F2016L01898) | |
33, 2016 | 23 Mar 2016 | Sch 5 (item 20): 1 July 2016 (s 2(1) item 7) | -- | |
41, 2018 | 22 May 2018 | Sch 4 (item 1): 19 June 2018 (s 2(1) item 4) | -- | |
118, 2018 | 27 Sept 2018 | Sch 6 (items 3, 4): 27 June 2019 (s 2(1) item 12) | Sch 6 (item 4) | |
Bankruptcy (Estate Charges) Amendment (Norfolk Island) Act 2020 | 149, 2020 | 17 Dec 2020 | 2 Aug 2021 (s 2(1) item 1) | -- |
Provision affected | How affected |
Part 1 |
|
s 3..................... | am No 41, 2018 |
s 3A.................... | ad No 33, 2016 |
| rep No 149, 2020 |
s 4..................... | am No 158, 2001; No 34, 2006 |
Part 2 |
|
s 5..................... | am No 158, 2001; No 61, 2002; No 81, 2004; No 43, 2007; No 11, 2016 |
Part 3 |
|
s 6..................... | am No 158, 2001; No 61, 2002; No 81, 2004; No 43, 2007; No 118, 2018 |
s 6A.................... | ad No 158, 2001 |
| am No 61, 2002 |
s 7..................... | rs No 34, 2006 |
s 7A.................... | ad No 158, 2001 |
| am No 61, 2002 |
s 8..................... | am No 61, 2002 |
Part 4 |
|
Part 4................... | ad No 158, 2001 |
s 9..................... | ad No 158, 2001 |