Bankruptcy Act 1966

SCHEDULE 2 - INSOLVENCY PRACTICE SCHEDULE (BANKRUPTCY)  

Note: See section 4A .

PART 3 - GENERAL RULES RELATING TO ESTATE ADMINISTRATIONS  

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Division 60 - Remuneration and other benefits received by the trustee  

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Subdivision E - Duties of trustees relating to remuneration and benefits etc.  

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SECTION 60-26   PAYMENTS IN RESPECT OF PERFORMANCE BY THIRD PARTIES  
No payments for performance of trustee ' s ordinary duties by another person

60-26(1)    
If a trustee of a regulated debtor ' s estate receives remuneration for his or her services, a payment in respect of the performance by another person of the ordinary duties that are required by this Act to be performed by the trustee is not allowed in the trustee ' s accounts.

Exception

60-26(2)    
Subsection (1) does not apply to a payment if the payment was authorised by resolution of:

(a)    the creditors; or

(b)    the committee of inspection (if any).

Offence

60-26(3)    
A person commits an offence of strict liability if:

(a)    the person is subject to a requirement under subsection (1) ; and

(b)    the person fails to comply with the requirement.

Penalty: 50 penalty units.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).
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