Commonwealth Numbered Regulations

1996 No. 191 BANKRUPTCY RULES (AMENDMENT) - REG 4

4.1 After rule 179, insert: Biennial increases in fees

"179A. Despite any other provision of these Rules, a fee prescribed by rule
179, being a fee specified in item 1 or 9 in Schedule 4, is increased, in
accordance with rule 179B, on each biennial anniversary of 1 July 1996.

Calculation of increase

"179B. (1) In this rule:
'fee' means a fee prescribed by rule 179, being a fee specified in item 1 or 9
in Schedule 4;
'CPI number' means the All Groups Consumer Price Index number (being the
weighted average of the 8 Australian capital cities) published by the
Australian Statistician;
'relevant period' means any of the following periods:

   (a)  the 2 year period commencing on 1 July 1996;

   (b)  after that period-each 2 year period commencing on a biennial
        anniversary of 1 July 1996.

"(2) If, in a relevant period, the latest CPI number is greater than the
earlier CPI number, a fee is taken to increase, on 1 July immediately
following the end of the period, in accordance with the formula:
fee x latest CPI number
earlier CPI number where:
'earlier CPI number' is the CPI number for the last March quarter before the
beginning of the relevant period; and
'fee' is the fee in force during the relevant period; and
'latest CPI number' is the CPI number for the last March quarter before the
end of the relevant period.

"(3) If, apart from this subrule, the amount of a fee increased under subrule
(2) would be an amount of dollars and cents, the amount is to be rounded to
the nearest whole dollar and, if the amount to be rounded is 50 cents, rounded
down.

"(4) Subject to subrule (5), if at any time, whether before or after the
commencement of this rule, the Australian Statistician publishes for a
particular March quarter a CPI number in substitution for an index number
previously published by the Australian Statistician for that quarter, the
publication of the later index number is to be disregarded for the purposes of
this rule.

"(5) If, at any time, whether before or after the commencement of this rule,
the Australian Statistician changes the reference base for the Consumer Price
Index, then, for the purposes of the application of this rule after the change
is made, regard shall be had only to numbers published in terms of the new
reference base.".