PART XV
-
PROVISIONS RELATING TO THE BANKRUPTCY (ESTATE CHARGES) ACT 1997
History
Pt XV heading substituted by No 34 of 2006, s 3 and Sch 3 item 5, effective 1 July 2006. Pt XV heading formerly read:
PART XV
-
PROVISIONS RELATING TO THE BANKRUPTCY CHARGES ACT
Pt XV inserted by No 11 of 1997, s 3 and Sch 1(20).
Former Pt XV
"
Transitional Provisions
"
omitted by No 44 of 1996, Sch 1, Pt 1(421).
SECTION 283
REMISSION OF INTEREST CHARGE, REALISATIONS CHARGE AND LATE PAYMENT PENALTY
283(1)
The Inspector-General may remit an amount of interest charge, realisations charge or late payment penalty that is payable but has not been paid if the Inspector-General thinks that:
(a)
failure to remit the amount would cause a person undue hardship; and
(b)
it is appropriate to remit the amount.
History
S 283(1) amended by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 items 187 and 237, by substituting
"
undue hardship
"
for
"
hardship
"
in para (a), applicable in cases where the application for remission is made to the Inspector-General after 5 May 2003. For additional provision on the commencement of No 131 of 2002, see note under s 33A.
S 283(1) inserted by No 11 of 1997, s 3 and Sch 1(20).
283(2)
The following provisions apply in relation to remissions under subsection
(1)
:
(a)
the person liable to pay the charge or penalty may apply for a remission;
(b)
an application is to be in writing, setting out the reasons for the application, and is to be made to the Inspector-General;
(c)
the Inspector-General
'
s decision on an application is to be in writing;
(d)
application may be made to the Administrative Review Tribunal for review of a decision to refuse an application, or to remit a lesser amount than was applied for.
Note:
Section
266
of the
Administrative Review Tribunal Act 2024
requires notification of a decision that is reviewable.
History
S 283(2) amended by No 39 of 2024, s 3 and Sch 2 items 30 and 31, by substituting
"
Administrative Review Tribunal
"
for
"
Administrative Appeals Tribunal
"
in para (d) and
"
Section 266 of the Administrative Review Tribunal Act 2024
"
for
"
Section 27A of the Administrative Appeals Tribunal Act 1975
"
in the note, effective 14 October 2024.
S 283(2) inserted by No 11 of 1997, s 3 and Sch 1(20).