Bankruptcy Amendment Regulations 2006 (No. 2) (137 of 2006)

Schedule 1   Amendments

[7]   Part 16, Subdivisions 2.1, 2.2 and 2.3

substitute

16.06 Payment of fees

(1) If a fee is payable in respect of:

(a) the making of a request or an application to an Official Receiver; or

(b) the presentation or lodgment of a document with an Official Receiver;

the request, application or document must not be dealt with unless the fee has been paid.

(2) If a fee is payable in respect of the doing of a matter or thing by an Official Receiver, the matter or thing must not be done unless the fee has been paid.

(3) However, prior payment of a fee is not required under subregulation (1) or (2) if the person has an alternative arrangement with the Inspector-General about the method of payment.

Example

An arrangement under which fees payable by a registered trustee are paid monthly in arrears.

16.07 Official Trustee’s entitlement to interim remuneration

(1) The Official Trustee’s entitlement to remuneration under the 2006 Fees Determination arises when the Official Trustee:

(a) performs work or first acts in accordance with clause 3.03, 3.04, 3.07 or 3.08 of the 2006 Fees Determination; or

(b) is appointed as described in clause 3.06 of the 2006 Fees Determination; or

(c) first acts in accordance with subclause 3.09 (1) of the 2006 Fees Determination; or

(d) performs work as described in subclause 3.09 (2) or clause 3.10 of the 2006 Fees Determination.

(2) For paragraph (1) (a), (b) or (d), remuneration is payable to the Official Trustee in respect of an amount received by the Official Trustee:

(a) when the amount is received; and

(b) at the rate applicable when the amount is received.

(3) For paragraph (1) (c), remuneration is payable to the Official Trustee:

(a) from time to time as the funds are realised; and

(b) at the rate applicable when the funds are realised.

16.08 Reimbursement of Official Trustee for expenses

(1) An amount equal to the amount of expenses incurred by the Official Trustee, in performing work of a kind mentioned in clause 3.03, 3.04, 3.08 or 3.09 of the 2006 Fees Determination in relation to an estate or debtor, is payable to the Official Trustee:

(a) for work under clause 3.03, 3.08 or 3.09 - out of the estate; or

(b) for work under clause 3.04 - out of the composition or scheme of arrangement.

(2) In this regulation:

amount realised has the meaning given by clause 3.01 of the 2006 Fees Determination.

16.09 Fees - notes and transcript of evidence

For paragraph 81 (17) (b) of the Act, the prescribed fee is $20.