Bankruptcy Act 1966

PART VIII - TRUSTEES  

[ CCH Note: Modification Declaration FRLI No F2021L00261 ( Bankruptcy Regulations 2021 : FRLI No F2021L00261, registered on 19 March 2021 and effective from 1 April 2021.)

Part VIII of the Act is modified by inserting Division 1A before Division 1:

Division 1A - Interpretation

SECTION 154A INTERPRETATION  
154A
In this Part, in its application to Part X , a reference to a registered trustee includes a reference to a controlling trustee and a trustee of a personal insolvency agreement.

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Division 2 - Remuneration and costs of the Official Trustee and Official Receiver  

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History

Div 2 heading substituted by No 11 of 2016, s 3 and Sch 1 item 51, applicable in relation to the administration of regulated debtors ' estates on and after 1 September 2017. The heading formerly read:

Division 2 - Remuneration and costs

SECTION 163A   COSTS AND EXPENSES OF OFFICIAL RECEIVER  

163A(1)   [Costs and expenses of the administration]  

If any Official Receiver exercises any power under this Act in relation to a bankrupt, the costs and expenses of the Official Receiver in connection with the exercise of the power are taken to be costs and expenses of the administration of the estate of the bankrupt.

163A(2)   [Trustee to pay prescribed fee]  

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If any Official Receiver exercises any power under this Act at the request of the trustee of the estate of a bankrupt, the trustee is to pay to the Official Receiver the fee determined by the Minister by legislative instrument.

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History

S 163A(2) amended by No 34 of 2006, s 3 and Sch 1 item 14, by substituting " to the Official Receiver the fee determined by the Minister by legislative instrument " for " to the Official Receiver the fee prescribed by the regulations " , applicable to the fee for the exercise of a power at the request of a trustee made on or after 1 July 2006.

163A(3)   [Official Receiver acting for Commonwealth]  

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Money received by the Official Receiver under subsection (2) is received on behalf of the Commonwealth.

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S 163A(3) substituted by No 8 of 2005, s 3 and Sch 1 item 104, effective 22 February 2005. For savings provisions see note under s 20G. S 163A(3) formerly read:

163A(3)
Any amount paid to any Official Receiver under subsection (2) is to be paid into the Consolidated Revenue Fund.

S 163A inserted by No 9 of 1992, s 32, amended by No 44 of 1996, Sch 1, Pt 1(299).

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