Commonwealth Numbered Regulations

1997 No. 76 BANKRUPTCY REGULATIONS (AMENDMENT) - REG 26

26.1 After regulation 15.19, insert:

"PART 15A - PROVISIONS RELATING TO THE BANKRUPTCY CHARGES ACTS Interpretation

"15A.01. (1) In this Part:
'charge' means an interest charge, a realisations charge or a registration
charge;
'charge period' has the same meaning as in the Estate Charges Act;
'penalty' means a late payment penalty.

"(2) An expression defined for Part XV of the Act has the same meaning in this
Part. Mode of payment

"15A.02. An amount of charge or penalty may be paid to the Inspector-General:

   (a)  in cash; or

   (b)  by cheque; or

   (c)  by any other means (for example, by direct debit or electronic
        transfer) that the Inspector-General approves in writing. Overpayments
        to be refunded or offset

"15A.03. The amount of an overpayment by a trustee of a charge or penalty may
be:

   (a)  refunded to the trustee; or

   (b)  unless the trustee, by notice in writing to the Inspector- General,
        directs otherwise - offset against an amount of charge or penalty
        payable by the trustee. Information to accompany payment of interest
        charge

"15A.04. (1) A payment of interest charge by a trustee must have with it, in
the approved form, any information required by the approved form.

"(2) Where a payment of interest charge is made by or on behalf of a trustee
by non-physical means (for example, by direct debit or electronic transfer),
the trustee must without delay give the Inspector-General that information.

"(3) This regulation does not apply to the Official Trustee. Information to
accompany payment of realisations charge

"15A.05. (1) A payment of realisations charge by a trustee must have with it,
in the approved form, any information required by the approved form.

"(2) Where a payment of realisations charge is made by or on behalf of a
trustee by non-physical means (for example, by direct debit or electronic
transfer), the trustee must without delay give the Inspector-General that
information.

"(3) This regulation does not apply to the Official Trustee. Information to
accompany payment under regulation 16.14

"15A.06. A trustee, other than the Official Trustee, who makes a payment under
regulation 16.14, must lodge with the payment a statement in the approved
form. Lodgment of request for remission

"15A.07. A request by a trustee for remission of a charge or penalty must be
in writing and lodged with the Official Receiver for the District in which the
trustee carries on business.".