Bankruptcy Regulations 1996
Note: Divisions 2 and 3 of Part 16 of the Regulations formerly provided for the fees in relation to the Act (including remuneration of the Official Trustee). As a result of the amendment of the Act by the Bankruptcy Legislation Amendment (Fees and Charges) Act 2006 , the remuneration of the Official Trustee and fees in relation to the Act are now set out in the Fees and Remuneration Determination.
View history note
Hide history noteDiv 2 note amended by SLI 2010 No 195, reg 3 and Sch 1 item 23, by substituting " Fees and Remuneration Determination " for " 2006 Fees Determination " , effective 1 August 2010.
Div 2 heading and the note substituted for Div 2 heading by SLI No 137 of 2006, reg 3 and Sch 1 item 6, effective 1 July 2006. The heading formerly read:
Division 2 - Fees
Subdiv 2.1, 2.2 and 2.3 of Div 2 substituted for regs 16.06 to 16.09 by SLI No 137 of 2006, reg 3 and Sch 1 item 6, effective 1 July 2006. The Subdivs formerly read:
Subdivision 2.1 - Fees payable to the Official Receiver
16.04 SCHEDULE 9 - FEES TO BE TAKEN BY THE OFFICIAL RECEIVERHistorySubdiv 2.1 heading substituted for Subdiv A heading by SR No 255 of 2002, reg 3 and Sch 1 item 19, effective 6 November 2002. Subdiv A heading formerly read:
Subdivision A - General provisions
The fees specified in Schedule 9 are payable in respect of the matters in relation to which they are so specified.
SECTION 16.05 16.05 DOCUMENT FILED BY INSPECTOR-GENERAL OR OFFICIAL RECEIVER - FEE NOT PAYABLE
16.05
(Relocated as reg 16.03A)
16.06 PAYMENT OF FEESHistoryReg 16.05 relocated to reg 16.03A by SR No 255 of 2002, reg 3 and Sch 1 item 20, effective 6 November 2002.
16.06(1)
Where a fee is payable in respect of:
(a) the lodgment or filing of a document with the Official Receiver; or
(b) sealing, issuing or otherwise dealing with a document by the Official Receiver;the document must not be lodged, filed, sealed, issued or otherwise dealt with unless the fee has been paid.
16.06(2)
Where a fee is payable in respect of the doing of a matter or thing by the Official Receiver, the matter or thing must not be done unless the fee has been paid.
16.06(3)
However, prior payment of a fee is not required if the Inspector-General has approved an alternative arrangement for payment of the fee.Example: The Inspector-General may have approved an arrangement under which fees payable by a registered trustee may be paid monthly in arrears.
HistoryReg 16.06(3) inserted by SLI No 4 of 2006, reg 3 and Sch 1 item 9, effective 17 February 2006.
Subdivision 2.2 - Fees payable to the Official Trustee
CCH Note: SLI No 4 of 2006, reg 5, contains the following transitional provisions:
5 Transitional - waiver and remission of fees
(1)
Subregulations (2) to (7) apply despite the amendments made by items 10 and 11 of Schedule 1 [ amending regs 16.13A and 16.13B ].
(2)
The Inspector-General may waive or remit the whole or part of any fee that became payable under Subdivision 2.2 of Part 16 of the Bankruptcy Regulations 1996 before the commencement of these Regulations, 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, undue hardship on the person; or
(b) because of other exceptional circumstances, it is proper and reasonable to do so.
(3)
For paragraph (2)(a), undue hardship means hardship that is unusual and exceptional in comparison to the hardship arising in the normal course of bankruptcy.
(4)
A decision under subregulation (2) must be notified in writing to:
(a) the person concerned; and
(b) the Official Trustee.
(5)
Application may be made to the Administrative Appeals Tribunal for review of a decision of the Inspector-General under subregulation (2) to refuse to waive or remit the whole or part of any fee that became payable under Subdivision 2.2 of Part 16 of the Bankruptcy Regulations 1996 before the commencement of these Regulations.[ Note: the regulations commenced 17 February 2006]
(6)
A person who is aggrieved by a decision under subregulation 16.13A(1) of the Bankruptcy Regulations 1996 in relation to a fee payable under Subdivision 2.2 of Part 16 of those Regulations (being a decision made before the commencement of these Regulations) may apply to the Administrative Appeals Tribunal for review of the decision if the time within which that decision may be reviewed has not ended.Note 1: Under section 27A of the Administrative Appeals Tribunal Act 1975 , the decision-maker must give any person whose interests are affected by the decision notice, in writing or otherwise, of the making of the decision and of the person ' s right to have the decision reviewed. In giving that notice, the decision-maker must have regard to the Code of Practice determined under section 27B of that Act (Gazette No. S 432, 7 December 1994).
Note 2: Section 29 of the Administrative Appeals Tribunal Act 1975 prescribes the time within which application may be made to the Administrative Appeals Tribunal for review of a decision.
(7)
The Inspector-General is taken to have delegated the power to waive or remit the whole or part of a fee under subregulation (2) to any person to whom the Inspector-General delegated the power to waive or remit a fee under subregulation 16.13A(1) of the Bankruptcy Regulations 1996 , under a delegation:
(a) that was made under subsection 11(4) of the Bankruptcy Act 1966 ; and
(b) that was in effect immediately before the commencement of these Regulations.
16.07 FEES PAYABLE TO THE OFFICIAL TRUSTEEHistorySubdiv 2.2 heading inserted by SR No 255 of 2002, reg 3 and Sch 1 item 21, effective 6 November 2002.
16.07(1)
Subject to subregulation (2), the fees specified in Schedule 10 are payable to the Official Trustee, by way of remuneration under subsection 163 (1) of the Act, in respect of the matters in relation to which they are so specified.
16.07(2)
If the total amount of fees payable, in respect of a particular bankruptcy, for matters that are specified in Schedule 10 would, apart from this subregulation, be less than $265, a fee of $265 is payable for those matters.Example: In a particular bankruptcy, a total of 10 matters arise under Schedule 10, for which the total fees specified in the Schedule amount to $220; in that case, a fee of $265 is payable.
16.07(3)
Where the Official Trustee:
(a) acts as trustee of the estate of;
(i) a bankrupt; or
(ii) a deceased person in respect of whose estate an order for administration has been made under Part XI of the Act; or
(aa) performs work under Division 6 of Part IV of the Act; or
(b) acts, under Part X of the Act:
(i) as controlling trustee; or
(ii) as trustee as the result of a deed of assignment, deed of arrangement or composition;a fee is payable to the Official Trustee, subject to regulation 16.08, as follows:
(c) if the prescribed amount in respect of the estate or the debtor does not exceed $4,000 - a fee of $4,000 or the prescribed amount, whichever is the less;
(d) if the prescribed amount in respect of the estate or the debtor exceeds $4,000 but does not exceed $50,000 - a fee equal to the sum of $4,000 and an amount equal to 15 percent of the amount by which the prescribed amount exceeds $4,000;
(e) if the prescribed amount in respect of the estate or the debtor exceeds $50,000 - a fee equal to the sum of $10,900 and an amount equal to 10 percent of the amount by which the prescribed amount exceeds $50,000.HistoryReg 16.07(3) amended by SR No 76 of 1997, rr 28.1 and 28.2.
16.07(3A)
A fee payable under subregulation (3) is payable:
(a) where paragraph (3)(aa) applies - out of the amount realised (within the meaning of that expression set out in subregulation (4) as modified by subregulations (5) and (6)) under Division 6 of Part IV of the Act; or
(b) in any other case - out of the estate.HistoryReg 16.07(3A) inserted by SR No 76 of 1997, r 28.3.
16.07(4)
For the purposes of subregulation (3), the prescribed amount in respect of an estate or a debtor is determined using the formula:
amount realised − (business costs + securities) where:
" amount realised " , subject to subregulations (5) and (6), means the total amount realised, or brought to credit, by the Official Trustee in the estate or in relation to the debtor, as the case may be;
" business costs " means the amount paid by the Official Trustee in carrying on the business of the bankrupt, deceased person or debtor;
" securities " means the amount paid to secured creditors in respect of their securities.
16.07(5)
Where:
(a) the Official Trustee administers the estate of a bankrupt or deceased person; and
(b) the bankrupt, or a person acting on behalf of the bankrupt or deceased person, applies property that has vested in the Official Trustee by reason of section 58 of the Act in payment of a creditor of the estate; and
(c) the Official Trustee is consequently prevented from realising or bringing to credit the value of that property;the property so applied is taken for the purposes of the definition of " amount realised " in subregulation (4), unless the Court otherwise orders, to have been realised or brought to credit by the Official Trustee.
16.07(6)
For the purposes of the definition of " amount realised " in subregulation (4), the total amount realised or brought to credit:
(a) includes any amount that is:
(i) offered under a proposal for a composition or scheme of arrangement under Division 6 of Part IV of the Act; and
(ii) accepted by the creditors in accordance with subsection 73(4) of the Act; and
(b) does not include any amounts paid to the trustee by creditors under:
(i) an indemnity in respect of costs; or
(ii) section 50 of the Act.
16.07(7)
Where the Official Trustee carries on the business of a bankrupt or deceased person or, having been directed to take control of the property of a debtor under section 50 of the Act, carries on the business of the debtor, the Official Trustee is entitled to receive a fee calculated at the rate of 2.5 percent of the amount received by the Official Trustee in the course of carrying on the business of the bankrupt, deceased person or debtor.
16.07(8)
Where the Official Trustee:
(a) takes control of the property of a debtor under a direction of the Court under section 50 of the Act; or
(b) administers a debt agreement, or property under a debt agreement, made under section 185H of the Act;a fee is payable to the Official Trustee in respect of time spent by the Official Trustee, or an officer assisting the Official Trustee, in performing any of those functions, as follows:
(c) if the Official Trustee or other officer occupies, or is for the time being performing the duties of, an office or position in the Senior Executive Service of the Australian Public Service - $240 for each hour or part of an hour; and
(d) if the Official Trustee or other officer occupies, or is for the time being performing the duties of, an office or position of Insolvency and Trustee Officer Grade 2, or an equivalent or higher office or position (other than one referred to in paragraph (a)) in the Australian Public Service - $155 for each hour or part of an hour; and
(e) if the officer occupies, or is for the time being performing the duties of, an office or position of Insolvency and Trustee Officer Grade 1, or an equivalent or lower office or position in the Australian Public Service - $130 for each hour or part of an hour.HistoryReg 16.07(8) amended by SR No 76 of 1997, r 28.4.
16.07(9)
A fee payable under subregulation (7) or (8) is in addition to any fee payable under subregulation (3).HistoryReg 16.07(9) amended by SR No 140 of 2000, reg 3 and Sch 1 item 2, by omitting the note, effective 1 July 2000. The note formerly read:
Note: See also regulation 8.12 (prescribed remuneration of the Official Trustee).
16.07(10)
The amount of a fee mentioned in subregulation (1), (2), (3), (7) or (8) that would, apart from this provision, be payable, is increased in accordance with the following steps:Step 1 Work out the amount of the fee in accordance with the options in the applicable subregulation.
Step 2 Add an amount equal to 8.4% of the result of Step 1.
The result is the price of the taxable supply within the meaning of A New Tax System (Goods and Services Tax) Act 1999 .
Note: See also regulation 8.12 (prescribed remuneration of the Official Trustee).
HistoryReg 16.07(10) inserted by SR No 140 of 2000, reg 3 and Sch 1 item 3, effective 1 July 2000.
16.07A FEES FOR ACTING AS TRUSTEE, OR FOR WORK UNDER PART X OR XI OF ACT
16.07A(1)
This regulation applies if the Official Trustee:
(a) acts as trustee of the estate of:
(i) a bankrupt; or
(ii) a deceased person in respect of whose estate an order for administration has been made under Part XI of the Act; or
(b) performs work under Division 6 of Part IV of the Act; or
(c) acts, under Part X of the Act:
(i) as controlling trustee; or
(ii) as trustee of a personal insolvency agreement.HistoryReg 16.07 amended by SR No 256 of 2004, reg 3 and Sch 1 item 13, by substituting para (c)(ii), effective 1 December 2004. Para (c)(ii) formerly read:
(ii) as trustee, as the result of a deed of assignment, deed of arrangement or composition.
16.07A(2)
Subject to regulation 16.07E, if this regulation applies a fee equal to the total of the following amounts is payable, in respect of the estate or debtor, to the Official Trustee:
(a) $4 500 or, if the realised balance is less than that amount, the realised balance;
(b) 16.26% of the amount by which the realised balance exceeds $4 500 (up to a realised balance of $50 000);
(c) 10.84% of the amount by which the realised balance exceeds $50 000.Example: The realised balance in respect of an estate is $75 000. The fee payable to the Official Trustee is $4,500 + (16.26% of $45 500) + (10.84% of $25 000), a total of $14 608.30.
Note:
The amount calculated under this subregulation includes a component to reimburse the Official Trustee for goods and services tax payable in relation to the provision of the Official Trustee ' s services.
16.07A(3)
However, subject to subregulation 16.07E(1), if a bankruptcy is annulled under section 153A or 153B of the Act, the fee payable to the Official Trustee for work performed is the greater of:
(a) $4 500; and
(b) the fee calculated under subregulation (2) in relation to the estate.
16.07A(4)
A fee calculated under subregulation (2) is payable:
(a) if paragraph (1)(b) applies - out of the amount realised (within the meaning given by subregulation (5)) under Division 6 of Part IV of the Act; or
(b) in any other case - out of the estate.
16.07A(5)
For subregulation (2) and regulation 16.07B, the realised balance in respect of an estate or debtor at a particular time is determined, subject to regulation 16.08, using the formula:amount realised − (business costs + securities)
where:
amount realised
means, subject to subregulations (6) and (7), the total amount realised, or brought to credit, in the estate or in respect of the debtor by the Official Trustee up to that time.business costs
means the amount paid by the Official Trustee in carrying on the business of the bankrupt, deceased person or debtor up to that time.securities
means the amount paid to secured creditors in respect of their securities up to that time.
16.07A(6)
If, in connection with the estate of a bankrupt or deceased person:
(a) the bankrupt, or a person acting on behalf of the bankrupt or deceased person, applies property that has vested in the Official Trustee, by reason of section 58 of the Act, in payment of a creditor of the estate; and
(b) the Official Trustee is consequently prevented from realising or bringing to credit the value of that property;the property so applied is taken, for subregulation (5), unless the Court otherwise orders, to have been realised or brought to credit by the Official Trustee.
16.07A(7)
For subregulation (5), total amount realised or brought to credit :
(a) includes any amount that is:
(i) offered under a proposal for a composition or scheme of arrangement under Division 6 of Part IV of the Act; and
(ii) accepted by the creditors in accordance with subsection 73 (4) of the Act; and
(b) does not include any amounts paid to the trustee by creditors under:
(i) an indemnity in respect of costs; or
(ii) section 50 of the Act.HistoryReg 16.07 to 16.07E substituted for reg 16.07 by SR No 255 of 2002, reg 3 and Sch 1 item 22, effective 6 November 2002.
16.07B ENTITLEMENT TO INTERIM FEES
The Official Trustee ' s entitlement to a fee under regulation 16.07A arises when the Official Trustee first acts, or performs work, as mentioned in subregulation 16.07A (1), and the fee is payable:
(a) from time to time as the funds are realised, based on the realised balance at the time; and
(b) at the rate applicable when the funds are realised.Examples
1 The realised balance from an estate before the commencement of the Bankruptcy Amendment Regulations 2002 (No. 1) was $20 000. In relation to that amount, the Official Trustee is entitled to a fee of $4 000 + (15% of $16 000) + (8.4% of ($4 000 + 15% of $16 000)), a total of $6 937.60. A further $20 000 is realised after the commencement of the Bankruptcy Amendment Regulations 2002 (No. 1) , so that the realised balance becomes $40 000. The fee for the further $20 000 is ascertained under subregulation 16.07A(2) (ie. 16.26% of $20 000 - that is, $3 252).
2 Subsequently, a further $20 000 is realised, so that the realised balance becomes $60 000. The fee payable for this amount is $2 710 ((16.26% of $10 000) + (10.84% of $10 000)).
3 The realised balance from another estate before the commencement of the Bankruptcy Amendment Regulations 2002 (No. 1) was $4 250. In relation to that amount, the Official Trustee is entitled to a fee of $4 000 + (15% of $250) + (8.4% of ($4 000 + 15% of $250)), a total of $4 376.65. A further $20 000 is realised after the commencement of the Bankruptcy Amendment Regulations 2002 (No. 1) . The fee payable on that amount is $250 [ ie. the difference between the $4 500 entitlement mentioned in paragraph 16.07A(2)(a) and the $4 250 already realised] + (16.26% of $19 750) [ the remainder of the realised balance], a total of $3 461.35.
Note: For the meaning of realised balance , see subregulation 16.07A(5).
16.07C FEES FOR WORK UNDER SECTION 50, 185H OR 188 OF ACT, FOR CARRYING ON BUSINESS, OR IN RELATION TO BANKRUPT ESTATE FROM WHICH NO FUNDS ARE REALISEDHistoryReg 16.07 to 16.07E substituted for reg 16.07 by SR No 255 of 2002, reg 3 and Sch 1 item 22, effective 6 November 2002.
16.07C(1)
For carrying on the business of a bankrupt or deceased person or, having been directed to take control of the property of a debtor under section 50 of the Act, carrying on the business of the debtor, the Official Trustee is entitled to receive a fee calculated at the rate of 2.5% of the amount received by the Official Trustee in the course of carrying on the business.Note: For GST component, see subregulation (4).
16.07C(2)
Subregulation (3) applies if the Official Trustee:
(a) takes control of the property of a debtor under a direction of the Court under section 50 of the Act; or
(b) administers a debt agreement, or property under a debt agreement, made under section 185H of the Act; or
(c) acts as a controlling trustee under section 188 of the Act; or
(d) acts, or performs work of a kind mentioned in regulation 16.07A, in relation to a bankrupt estate from which no funds are realised.
16.07C(3)
If this subregulation applies, the Official Trustee is entitled to receive a fee in respect of time spent in performing functions mentioned in subregulation (2), as follows:
(a) if the function is performed by the Official Trustee personally, and the Official Trustee occupies, or is for the time being performing the duties of, a position in the Senior Executive Service of the Australian Public Service - $285 for each hour or part of an hour;
(b) if the function is performed by the Official Trustee personally, and the Official Trustee occupies, or is for the time being performing the duties of, the position of Insolvency and Trustee Officer Grade 2, or an equivalent or higher position (other than a position mentioned in paragraph (a)) in the Australian Public Service - $170 for each hour or part of an hour;
(c) if a function is performed by an officer instead of, or in addition to, the performance of the function by the Official Trustee, the fee prescribed in paragraph (a) or (b) applies to the performance of the function by the officer in accordance with the level of the position occupied, or the duties of which are performed, by the officer (as if the officer were the Official Trustee);
(d) if the officer mentioned in paragraph (c) occupies, or is for the time being performing the duties of, the position of Insolvency and Trustee Officer Grade 1, or an equivalent or lower position in the Australian Public Service - $145 for each hour or part of an hour.Note: For GST component, see subregulation (4).
16.07C(4)
The amount of the fee payable to the Official Trustee under this regulation is the sum of:
(a) the amount ascertained under subregulation (1) or (3); and
(b) in consequence of the goods and services tax attaching to services performed, an amount equal to 8.4% of the amount mentioned in paragraph (a).Note: The result is the price of the taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 . The component added by paragraph (b) is equivalent to the amount of goods and services tax that will be payable on the Official Trustee ' s fees. The GST component of the fees payable under regulation 16.07A is built into the calculations set out in subregulation 16.07A(2).
HistoryReg 16.07 to 16.07E substituted for reg 16.07 by SR No 255 of 2002, reg 3 and Sch 1 item 22, effective 6 November 2002.
16.07D ENTITLEMENT TO INTERIM FEES
16.07D(1)
The Official Trustee ' s entitlement to a fee under subregulation 16.07C (1), in relation to an amount received by the Official Trustee, arises when the amount is received, and the fee is payable:
(a) when the amount is received; and
(b) at the rate applicable when the amount is received.
16.07D(2)
A fee payable under subregulation 16.07C (3), in respect of time spent performing functions, is payable:
(a) from time to time, as the functions are performed; and
(b) at the rate applicable when the function is performed.HistoryReg 16.07 to 16.07E substituted for reg 16.07 by SR No 255 of 2002, reg 3 and Sch 1 item 22, effective 6 November 2002.
16.07E GENERAL PROVISIONS
16.07E(1)
If the Official Trustee:
(a) acts or performs work as mentioned in paragraph 16.07A (1) (a) or (b), in relation to a bankrupt estate; and
(b) transfers administration of the estate to a registered trustee before the bankruptcy is annulled under section 153A of the Act;the lesser of the following amounts is payable to the Official Trustee:
(c) the amount calculated under subregulation 16.07A (2), based on the total amount realised by the Official Trustee (unless that amount is $0);
(d) the amount payable under subregulation 16.07C (4).
16.07E(2)
If the Official Trustee:
(a) acts as mentioned in paragraph 16.07A (1) (c); and
(b) is replaced as controlling trustee, or as trustee under the deed or composition, by a registered trustee;the lesser of the following amounts is payable to the Official Trustee:
(c) the amount calculated under subregulation 16.07A (2), based on the total amount realised by the Official Trustee (unless that amount is $0);
(d) the amount payable under subregulation 16.07C (4).
16.07E(3)
A fee payable under regulation 16.07C is in addition to any fee payable under regulation 16.07A.HistoryReg 16.07 to 16.07E substituted for reg 16.07 by SR No 255 of 2002, reg 3 and Sch 1 item 22, effective 6 November 2002.
16.08 ' PRESCRIBED AMOUNT ' - RESTRICTION ON THE AMOUNT OF FEE PAYABLE
16.08(1)
For the purposes of calculating a fee payable under paragraph 16.07(3)(c), (d) or (e), the applicable " prescribed amount " is not to exceed the total of:
(a) the amount of the debts of the estate or debtor; and
(b) the costs of administration of the estate.
16.08(2)
In subregulation (1):"costs of administration"
means the proper costs, charges and expenses of the administration, other than:
(a) any realisation charge paid or payable by the Official Trustee under an Act; and
(b) any fees paid or payable to the Official Trustee under regulation 16.07 or to the Official Receiver under Subdivision B;HistoryDefinition of " costs of administration " amended by SR No 76 of 1997, r 29.1.
"debts"
means the total of:
(a) the taxed costs of the petitioning creditor; and
(b) proved debts of the estate or debtor, including interest accrued before the date of bankruptcy; and
(c) interest accrued on and after that date on those debts if they are interest bearing debts.
16.08A REIMBURSEMENT OF OFFICIAL TRUSTEE FOR EXPENSES
An amount equal to the amount of expenses incurred by the Official Trustee, in performing work of a kind mentioned in subregulation 16.07A(1), or 16.07C(1) or (2), in relation to an estate or debtor, is payable to the Official Trustee:
(a) for work under Division 6 of Part IV - out of the amount realised (within the meaning given by subregulation 16.07A(5)) under Division 6 of Part IV of the Act; or
(b) in any other case - out of the estate.HistoryReg 16.08A inserted by SR No 255 of 2002, reg 3 and Sch 1 item 24, effective 6 November 2002.
Subdivision 2.3 - Other fees
16.09 FEES IN RESPECT OF THE INDEXHistorySubdiv 2.3 heading inserted by SR No 255 of 2002, reg 3 and Sch 1 item 25, effective 6 November 2002.
16.09(1)
The following fees are prescribed in respect of the Index:
(a) for personal inspection of the Index - $10;
(b) for an extract of information in the Index - $2;
(c) for searching the Index on written request, including provision of a requested extract, if any, to the applicant - $15.HistoryReg 16.09(1) amended by SR No 325 of 1997, r 4.1, commenced 1 December 1997.
16.09(2)
For the purposes of subregulation (1), if the fee prescribed by paragraph (1)(c) applies, the fee prescribed by paragraph (1)(b) does not apply.
16.10 WAIVER OR REMISSION OF FEES BY INSPECTOR-GENERAL
16.10(1)
Subject to subregulation (2), the Inspector-General may waive or remit the whole or part of any fee.
16.10(2)
A fee may only be waived or remitted, whether wholly or in part, 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, undue hardship on the person; or
(b) because of other exceptional circumstances, it is proper and reasonable to do so.
16.10(3)
A decision under subregulation (1) must be notified in writing to:
(a) the person concerned; and
(b) except where the fee is payable to the Inspector-General - to the officer to whom the fee is or, but for the waiver or remission, would be payable.
16.10(4)
In this regulation:"fee"
means a fee payable under a provision, other than regulation 16.04, of this Subdivision, or prescribed in Subdivision B of this Division.
SECTION 16.11 16.11 APPLICATION TO THE AAT
16.11
A person who made an application for the waiver or remission of a fee and who is aggrieved by a decision under subregulation 16.10(1) in respect of the application may apply to the Administrative Appeals Tribunal for review of the decision.HistoryReg 16.11 amended by SR No 76 of 1997, r 30.01.
Subdivision B - (Omitted)
16.12 PRESCRIBED FEES OF OFFICIAL RECEIVER AND FEES PAYABLE ON TAXATIONHistorySubdiv B heading omitted by SR No 255 of 2002, reg 3 and Sch 1 item 28, effective 6 November 2002. The heading formerly read:
Subdivision B - Fees for the purposes of specific provisions of the Act
16.12(1)
For the purposes of subsection 163A(2) of the Act, the prescribed fees of the Official Receiver or officer assisting the Official Receiver under subsection 15(1) of the Act are as set out in subregulation (3).
16.12(2)
The fees payable on taxation of costs under, or for the purposes of, subsection 167(1) of the Act or regulation 8.09 are as set out in subregulation (3).Note: For provisions in these Regulations concerning taxation of costs, see regulations 8.09 to 8.11.
16.12(3)
The fees referred to in subregulations (1) and (2) are:
(a) if the Official Receiver or other Officer occupies, or is for the time being performing the duties of, an office or position in the Senior Executive Service of the Australian Public Service - $285 for each hour or part of an hour; and
(b) if the Official Receiver or other officer occupies, or is for the time being performing the duties of, an office or position of Insolvency and Trustee Officer Grade 2, or an equivalent or higher office or position (other than one referred to in paragraph (a)) in the Australian Public Service - $170 for each hour or part of an hour; and
(c) if the officer occupies, or is for the time being performing the duties of, an office or position of Insolvency and Trustee Officer Grade 1, or an equivalent or lower office or position in the Australian Public Service - $145 for each hour or part of an hour.HistoryReg 16.12(3) amended by SR No 255 of 2002, reg 3 and Sch 1 items 29 to 31, by substituting " $285 " for " $240 " in para (a), substituting " $170 " for " $155 " in para (b) and substituting " $145 " for " $130 " in para (c), effective 6 November 2002.
16.12(4)
For the purposes of subsections 54(4), 55(9), 56G(2) and 57(11), and paragraph 81(17)(b), of the Act, the prescribed fee is $20.HistoryReg 16.12(4) inserted by SR No 76 of 1997, r 31.1.
16.12(5)
The amount of a fee mentioned in subregulation (2) that would, apart from this provision, be payable, is increased in accordance with the following steps:Step 1 Work out the amount of the fee in accordance with the options in the applicable subregulation.
Step 2 Add an amount equal to 8.4% of the result of Step 1.
The result is the price of the taxable supply within the meaning of A New Tax System (Goods and Services Tax) Act 1999 .
HistoryReg 16.12(5) inserted by SR No 140 of 2000, reg 3 and Sch 1 item 4, effective 1 July 2000.
16.13 INSPECTION AND COPYING - DOCUMENTS FILED UNDER PART X OF THE ACT, AND STATEMENTS OF DECEASED DEBTOR ' S AFFAIRS
For the purposes of subsections 226(3) and (4) and 246(5) of the Act, the prescribed fees are:
(a) for each inspection, including the provision of an office copy of 1 page - $20.00; and
(b) for the provision of each additional office copy page - $2.00.
Subject to subregulation (2), the Inspector-General may waive or remit the whole or part of any fee.
16.11(2)
A fee may only be waived or remitted, whether wholly or in part, 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, undue hardship on the person; or
(b) because of other exceptional circumstances, it is proper and reasonable to do so.
16.11(3)
For paragraph (2)(a), undue hardship means hardship that is unusual and exceptional in comparison to the hardship arising in the normal course of bankruptcy.
16.11(4)
A decision under subregulation (1) must be notified in writing to:
(a) the person concerned; and
(b) except where the fee is payable to the Inspector-General - the officer to whom the fee is or, but for the waiver or remission, would be payable.
16.11(5)
In this regulation:
fee
means a fee payable under:
(a) regulation 16.09 ; or
(b) item 1, 2, 3, 4, 9, 13, 14 or 15 of the table following clause 2.01 of the Fees and Remuneration Determination; or
(c) clause 2.02, 2.03, 2.08 or 2.09 of the Fees and Remuneration Determination.
Reg 16.11(5) amended by FRLI No F2017L01712, reg 4 and Sch 1 item 1, by inserting " 2.03, " in para (c), effective 23 December 2017.
Reg 16.11(5) amended by SLI 2010 No 195, reg 3 and Sch 1 item 26, by substituting paras (b) and (c) and omitting para (d), effective 1 August 2010. Para (b), (c) and (d) formerly read:
(b) item 1, 2, 3, 4, 9, 11, 12 or 13 of the table following subclause 2.01 (1) of the 2006 Fees Determination; or
(c) subclause 2.01 (2) for making copies of, or taking extracts from, a document mentioned in column 3 of item 1, 2, 3, 4, 11 or 13 of the table following subclause 2.01 (1) of the 2006 Fees Determination; or
(d) clause 2.02, 2.07 or 2.08 of the 2006 Fees Determination.
Reg 16.11(5) (renumbered from reg 16.13A(5)) substituted by SLI No 137 of 2006, reg 3 and Sch 1 item 10, effective 1 July 2006. Reg 16.13A(5) formerly read:
16.13A(5)
In this regulation:fee
means a fee payable under a provision, other than regulation 16.04 or Subdivision 2.2 , of this Division.
Reg 16.13A(5) substituted by SLI No 4 of 2006, reg 3 and Sch 1 item 10, effective 17 February 2006. Reg 16.13A(5) formerly read:
16.13A(5)
In this regulation:fee
means a fee payable under a provision, other than regulation 16.04, of this Division.
Reg 16.11 renumbered from reg 16.13A by SLI No 137 of 2006, reg 3 and Sch 1 item 9, effective 1 July 2006.
Reg 16.13A inserted by SR No 255 of 2002, reg 3 and Sch 1 item 32, effective 6 November 2002.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.