Bankruptcy Regulations (Amendment) 1997 (76 of 1997)
26. New Part 15A
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.".