Bankruptcy Act 1966

PART XVI - MISCELLANEOUS

SECTION 315 REGULATIONS

315(1)
The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

315(2)

In particular, the regulations may:

(a) provide for the establishment, maintenance, correction and inspection of the National Personal Insolvency Index; and

(b) specify matters that must be, or may be, entered in the Index; and

(c) provide for the obtaining of extracts of material entered in the Index; and

(d) provide for the use of extracts of material entered in the Index in evidence in proceedings under this Act and other laws of the Commonwealth or of a State or Territory; and

(e) provide for immunity from actions for defamation arising out of publication of material in the Index or publication of extracts of material from the Index; and

(f) provide for information and documents to be given to persons for entry in the Index; and

(g) provide for the means of service of documents; and

(h) provide for the publication of notice of specified events; and

(i) (Repealed by No 11 of 2016)

(j) provide for the charging and payment of fees, but not the setting of amounts of fees other than fees mentioned in paragraph 81(17)(b) , in relation to:

(i) proceedings under this Act; and

(ii) inspection of material entered in the Index or the Register of Trustees; and

(iii) obtaining extracts of material entered in the Index or the Register of Trustees; and

(iv) inspection and copying of documents given to Official Receivers; and

(v) the making of other requests or applications under this Act or the presentation or lodgment of other documents under this Act; and

View history reference

(k) prescribe penalties not exceeding 50 penalty units for offences against the regulations; and

(l) provide for a person who is alleged to have committed an offence against the regulations to pay a penalty to the Commonwealth as an alternative to prosecution (being a penalty not exceeding one-fifth of the maximum fine that a court could impose on the person for that offence).

View history note

History

S 315(2) amended by No 11 of 2016, s 3 and Sch 1 items 94 - 96, by repealing para (i), inserting " or the Register of Trustees " in para (j)(ii) and (iii) and substituting " 50 penalty units " for " 10 penalty units " in para (k), effective 1 March 2017. Para (i) formerly read:

(i) provide for the manner in which committees referred to in Division 1 of Part VIII are to perform their functions, including:

(i) the convening of meetings of committees; and

(ii) the number of members of a committee who form a quorum; and

(iii) disclosure of interest in a matter before a committee; and

(iv) the manner in which questions are to be decided by the committee; and

S 315(2) amended by No 106 of 2010, Sch 2 item 83, effective 1 December 2010, by inserting para (l).

S 315(2) amended by No 34 of 2006, s 3 and Sch 1 item 17, by inserting " , but not the setting of amounts of fees other than fees mentioned in paragraph 81(17)(b), " after " fees " in para (j), effective 1 July 2006. No 34 of 2006, s 3 and Sch 1 item 18 contains the following saving regulations:

18 Saving regulations providing for charging and payment of fees
(1)
This item explains the effect of the amendment of paragraph 315(2)(j) of the Bankruptcy Act 1966 on regulations that:

(a) were in force just before 1 July 2006; and

(b) provided for the charging or payment of fees in relation to things described in that paragraph.

(2)
The amendment affects the regulations only so far as they provided for the setting of amounts of fees other than fees mentioned in paragraph 81(17)(b) .
Note:

The amendment causes the regulations to cease setting the amounts of fees (other than fees mentioned in paragraph 81(17)(b) on 1 July 2006.

(3)
To avoid doubt, the amendment does not affect the regulations so far as they provide for other aspects of the charging and payment of fees.

View history note

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