Bankruptcy Regulations 2021

PART 16 - MISCELLANEOUS  

Division 2 - Matters relating to fees  

SECTION 111   WAIVER OR REMISSION OF FEES BY INSPECTOR-GENERAL  

111(1)    
The Inspector-General may decide to waive or remit the whole or part of any fee covered by subsection (4) if the Inspector-General is reasonably satisfied that:

(a)    payment of the fee by the person liable to pay it has imposed, or would impose, hardship on the person that is unusual and exceptional in comparison to the hardship arising in the normal course of bankruptcy; or

(b)    because of other exceptional circumstances, it is proper and reasonable to do so.

111(2)    
A decision under subsection (1) in relation to a fee must be notified in writing to:

(a)    the person liable to pay the fee; and

(b)    unless the fee is payable to the Inspector-General - the officer to whom the fee is payable or would have been payable if the fee had not been waived or remitted.

111(3)    
If the Inspector-General decides under subsection (1) to refuse to waive or remit the whole or part of any fee covered by subsection (4), the notification under subsection (2) in relation to the decision must include the reasons for the decision.

111(4)    
A fee payable under any of the following provisions is covered by this subsection:

(a)    section 109 ;

(b)    item 1, 2, 3, 4, 9, 13, 14 or 15 of the table in section 2.01 of the Fees and Remuneration Determination;

(c)    section 2.02 or 2.03 of the Fees and Remuneration Determination.