Bankruptcy Regulations 1996

PART 13 - NATIONAL PERSONAL INSOLVENCY INDEX  

Division 2 - Information to be entered on the Index  

REGULATION 13.03   WHAT INFORMATION IS TO BE ENTERED ON THE INDEX?  

13.03(1)    
Subject to this regulation, the following information is to be entered on the Index:

(a) in respect of each creditor's petition, bankruptcy, debt agreement under Part IX of the Act, personal insolvency agreement, administration under Part XI of the Act or order under section 253E of the Act, occurring or made on or after the commencement date - information of the kind specified in Schedule 8, to the extent applicable;

(b) the information on BIOS in respect of bankruptcies (including completed bankruptcies);

(c) in respect of each registered trustee or controlling trustee (other than the Official Trustee):

(i) the trustee's full name, and any alias;

(ii) the trustee's business address (including, where applicable, the postal address) and telephone number;

(iii) a statement or summary of any conditions applying to the person's entitlement to practise as a registered trustee;

(iv) the date on which details in respect of the trustee are entered on the Index;

(v) the date (if any) of termination of the trustee's registration as a trustee;

(d) in respect of each applicant for registration as a trustee:

(i) the applicant's full name, and any alias;

(ii) the applicant's business address (or, if none, his or her residential address);

(iii) the applicant's occupation;

(iv) the date on which details in respect of the applicant are entered on the Index;

(e) in respect of each debtor specified in subregulation (3):

(i) the debtor's full name, and any alias;

(ii) the debtor's address;

(iii) the debtor's occupation (if any);

(iv) the date on which details in respect of the debtor are entered on the Index;

(f) information that, under these Regulations, the Official Receiver:

(i) receives for entry on the Index; or

(ii) is required to enter on the Index;

(g) information concerning a creditor's petition (including details of any orders made in relation to the petition, or the withdrawal of the petition).

13.03(1A)    

In relation to a matter mentioned in paragraph (1)(a), a document described in an item in Schedule 8 must be given to the Official Receiver by the person mentioned in column 4 of the item within the period mentioned in column 5 of the item.

13.03(1B)    

Item 13 of Schedule 8 applies in relation only to a bankruptcy dated 4 May 2003 or earlier.

13.03(2)    
Paragraph (1)(a) is taken to apply also to bankruptcies that:

(a) occurred before the commencement date; and

(b) were not completed before the commencement date.

13.03(3)    
For the purposes of paragraph (1)(e), the following debtors are specified:

(a) a debtor whose property is subject, by reason of a direction of the Court under paragraph 50(1)(a) of the Act, to the control of the Official Trustee or a registered trustee;

(b) a debtor who signed an authority under subsection 188(1) of the Act;

(c) subject to subregulation (5), in the case of a deceased debtor - where a petition for an order for the administration of the debtor's estate has been presented under Part XI of the Act;

(d) a debtor who has applied to the Court under subsection 253E(1) of the Act for an order staying all or any proceedings under a petition.

13.03(4)    
In the application of paragraph (3)(c) (concerning certain deceased debtors) to paragraph (1)(e), the information to be entered is the information that applied in respect of the debtor immediately before his or her death.

13.03(5)    
Subregulation (1) applies subject to:

(a) any decision of the Inspector-General under paragraph 13.04(3)(a); and

(b) any order or direction of the Administrative Appeals Tribunal on an application under regulation 13.05.

13.03(6)    
If an entry on the Index contains information that is, in the opinion of the Official Receiver, in any particular:

(a) contrary to, or inconsistent with, a decision, order or direction of a kind mentioned in subregulation (5); or

(b) out of date, inaccurate or misleading;

the Official Receiver must correct the entry without delay.