Bankruptcy Regulations 2021

PART 1 - PRELIMINARY  

SECTION 4  

4   DEFINITIONS  

Note:

A number of expressions used in this instrument are defined in the Act, including the following:

(a) approved form;

(b) registered trustee;

(c) Registrar;

(d) the Court;

(e) the Official Receiver.

In this instrument:

Act
means the Bankruptcy Act 1966 .

charge period
has the same meaning as in the Bankruptcy (Estate Charges) Act 1997 .

contribution assessment period
has the meaning given by section 139K of the Act.

controlling trustee
has the meaning given by Part X of the Act.

current condition
has the meaning given by section 5-10 of Schedule 2 to the Act.

estate charge
means:

(a) interest charge; or

(b) realisations charge.

FBTA Act
means the Fringe Benefits Tax Assessment Act 1986 as in force at the start of 1 July 1992.

Fees and Remuneration Determination
means the determination in force under subsection 316(1) of the Act.

Index
means the National Personal Insolvency Index established under section 73 .

infringement notice
means an infringement notice given under section 90 .

infringement notice provision
means an offence of a kind referred to in the table in subsection 277B(2) of the Act.

interest charge
has the same meaning as in Part XV of the Act.

late payment penalty
has the same meaning as in Part XV of the Act.

legal practitioner
means a barrister, a solicitor, a barrister and solicitor or a legal practitioner, of the High Court or of the Supreme Court of a State or Territory.

preliminary remuneration and expenses
of a trustee in relation to a debtor means:

(a) remuneration paid to the trustee in accordance with a direction, or other order, made by the Court under subsection 50(1) of the Act directing the trustee to take control of the debtor ' s property or making another order in relation to the property; and

(b) any expenses incurred by the trustee:

(i) as a result of that direction or other order; or

(ii) in relation to the examination of the debtor, or an examinable person in relation to the debtor, as a result of the issue of a summons under subsection 50(2) of the Act.

realisations charge
has the same meaning as in Part XV of the Act.

regulated debtor
has the meaning given by section 5-15 of Schedule 2 to the Act.