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BANKRUPTCY REGULATIONS 1996

BANKRUPTCY REGULATIONS 1996


TABLE OF PROVISIONS

   1.01.   Citation  
   1.02.   Commencement  
   1.03.   Interpretation  
   2.03.   Section 20J of the Act - prescribed rate of interest on moneys in Common Fund  
   3.01.   Paragraph 29 (5) (b) of the Act - prescribed countries  
   4.01.   Application for bankruptcy notice  
   4.02.   Form of bankruptcy notices  
   4.03.   Inspection of bankruptcy notices  
   4.04.   Judgment or order in foreign currency  
   4.05.   Copy of petition 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  
   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 statement of affairs, 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  
   5.01.   Where debtor or bankrupt is arrested  
   6.01.   Priority payments under section 109 of the Act - prescribed matters  
   6.02.   Maximum amount payable to employee  
   6.03.   Household property  
   6.04.   Property divisible among creditors - prescribed amounts  
   6.05.   Interpretation  
   6.06.   Method of apportionment - subsection 116 (6) of the Act Purposes and application  
   6.07.   Method of working out value of property - subsection 116 (7) of the Act  
   6.08.   Evidentiary certificate by trustee - subsection 116 (8) of the Act  
   6.09.   Transfers exempt from being void against trustee  
   6.10.   Disclaimer of onerous property  
   6.11.   Interpretation  
   6.12.   Definition of "income" - section 139L of the Act  
   6.13.   Interpretation  
   6.14.   Contributions by bankrupt - modes of payment  
   6.15.   Contributions where bankrupt dies  
   6.16.   Reasons for application to Official Receiver to vary contributions  
   6.17.   Certificate of outstanding contribution  
   6.18.   Discharged bankrupt to give information if contribution unpaid  
   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)  
   6.21.   Minimum amount of dividend  
   6.22.   Manner of declaring final dividend  
   7.01.   Trustee to inform the Official Receiver of return of bankrupt to Australia  
   7.02.   Trustee to inform the Official Receiver of cancellation of objection  
   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  
   8.05.   Documents to accompany application for change or removal of conditions  
   8.06.   Certificate of appointment under subsection 156A (3) of the Act  
   8.07.   Fixed remuneration - prescribed rates under subsections 162 (2) and (3) of the Act  
   8.08.   Other remuneration - prescribed rate under subsection 162 (4) of the Act  
   8.09.   Taxation of trustee's remuneration and costs - preliminary  
   8.10.   Bill of costs  
   8.11.   Taxation - hearing  
   8.12.   Remuneration of Official Trustee  
   8.13.   Notice of removal of trustee of estate  
   8.14.   Notice of finalisation of administration; entry on the Index  
   8.15.   Applications under subsection 162 (5) of the Act  
   9.01.   Modifications of the Act - meetings of affected creditors  
   10.01.  Form of consent to exercise powers given by an authority under section 188 of the Act  
   10.02.  Modifications of Part X of the Act - joint debtors  
   10.03.  Statement of debtor's affairs etc - section 188A of the Act  
   10.04.  Documents for meeting in accordance with section 194 of the Act  
   10.05.  Modifications of Division 5 of Part IV of the Act - meeting of debtor's creditors  
   10.06.  Application of section 64M of Part IV of the Act - meeting of debtor's creditors  
   10.07.  Modifications of Part VIII of the Act - controlling trustees  
   10.08.  Meeting if trustee does not execute deed  
   10.09.  Notification of deed of assignment or deed of arrangement or special resolution accepting a composition  
   10.10.  Sequestration order, or order avoiding a deed or composition - notice to Official Receiver  
   10.11.  Application of section 64M of the Act to meetings called under section 223 of the Act  
   10.12.  Modifications for the purposes of section 231 of the Act - deeds of assignment  
   10.13.  Certificate relating to realisation of divisible property and non- availability of dividend, or payment of final dividend  
   10.14.  Modifications for the purposes of section 237 of the Act - deeds of arrangement  
   10.15.  Certificate that provisions of deed of arrangement have been carried out - copy to Official Receiver  
   10.16.  Modifications for the purposes of section 243 of the Act - compositions  
   10.17.  Certificate that terms of composition have been carried out - copy to Official Receiver  
   10.18.  Controlling trustee to give Official Receiver copy of special resolution and certain particulars for the Index  
   11.01.  Statement of affairs and of administration of estate  
   11.02.  Modifications of the Act - administration of estates of deceased persons  
   12.01.  Statement where moneys paid into Consolidated Revenue Fund  
   13.01.  Interpretation  
   13.02.  Establishment and maintenance of the National Personal Insolvency Index  
   13.03.  What information is to be entered on the Index?  
   13.04.  Application for certain information not to be on the Index  
   13.05.  Application to the AAT  
   13.06.  Inspection of the Index  
   13.07.  Copy of extract to be evidence  
   13.08.  Immunity from defamation  
   13.09.  Access to the Index  
   13.10.  Information extracted from the Index to be evidence  
   14.01.  Apprehension under a warrant - notification to Registrar in certain cases  
   14.02.  Registrar to act on notification; direction to person executing warrant  
   15.01.  Interpretation  
   15.02.  Trustee chosen by the Insolvency Practitioners Association of Australia  
   15.03.  Chairperson of a committee  
   15.04.  Resignation of chairperson  
   15.05.  Resignation of members  
   15.06.  Removal of members from a committee  
   15.07.  Convening of a replacement committee  
   15.08.  General procedures of a committee  
   15.09.  Procedure at committee meetings  
   15.10.  Resolutions without meeting  
   15.11.  Inquiries by the committee  
   15.12.  Notice of interview  
   15.13.  Applicant interviews  
   15.14.  Involuntary termination of registration - interview  
   15.15.  Report of committee decision  
   15.16.  Disclosure of interests  
   15.17.  Confidentiality  
   15.18.  Evidence of proceedings at committee meetings  
   15.19.  Time for deciding matters under subsection 155I (1) of the Act  
   16.01.  Service of documents  
   16.02.  Documents for the Inspector-General, the Official Receiver or the Official Trustee  
   16.03.  Inventory by trustee taking possession of, or attaching, property  
   16.04.  Schedule 9 - fees to be taken by the Official Receiver  
   16.05.  Document filed by Inspector-General or Official Receiver - fee not payable  
   16.06.  Payment of fees  
   16.07.  Fees payable to the Official Trustee  
   16.08.  "Prescribed amount" - restriction on amount of fee payable  
   16.09.  Fees in respect of the Index  
   16.10.  Waiver or remission of fees by Inspector-General  
   16.11.  Application to the AAT  
   16.12.  Prescribed fees of Official Receiver and fees payable on taxation  
   16.13.  Inspection and copying - documents filed under Part X of the Act, and statements of deceased debtor's affairs  
   16.14.  Where account is given after distribution of final dividend - paragraph 175 (1) (a) of the Act  
   16.15.  Fees payable by Official Trustee  
   16.16.  "Prescribed amount" - restriction on amount of fee payable  
   16.17.  Trustee's account - prescribed form  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8
           SCHEDULE 9
           SCHEDULE 10