Bankruptcy Legislation Amendment Act 2002 (131 of 2002)

Schedule 1   Amendments

Part 1   Amendments

Bankruptcy Act 1966

91   Section 139T

Repeal the section, substitute:

139T Determination of higher income threshold in cases of hardship

(1) If:

(a) the trustee has made an assessment of a contribution that a bankrupt is liable to pay to the trustee for a contribution assessment period; and

(b) the bankrupt considers that, if required to pay that contribution, he or she will suffer hardship for a reason or reasons set out in subsection (2);

the bankrupt may apply in writing to the trustee for the making of a determination under this section for that period.

(2) The reasons are as follows:

(a) the bankrupt or a dependant of the bankrupt suffers from an illness or disability that requires on-going medical attention and the supply of medicines, and the bankrupt is required to meet a substantial proportion of the costs of that medical attention or those medicines from his or her income;

(b) the bankrupt is required to make payments from his or her income to meet the cost of child day-care to enable the bankrupt to continue in employment or other work;

(c) the bankrupt is living in rented accommodation that is not provided by:

(i) the Commonwealth, a State or a Territory; or

(ii) an authority of the Commonwealth, a State or a Territory; or

(iii) a local government authority;

and the bankrupt is required to pay the cost of that accommodation wholly or mainly from his or her income;

(d) the bankrupt incurs substantial expense in travelling to and from the bankrupt's place of employment or other work, whether by public transport or otherwise;

(e) the spouse of the bankrupt, or another person residing with the bankrupt, who ordinarily contributes to the costs of maintaining the bankrupt's household has become unable to contribute to those costs because of unemployment, illness or injury;

(f) any other reason prescribed by the regulations.

(3) The trustee must not make a determination under this section unless the bankrupt provides satisfactory evidence of the bankrupt's income and expenses, and any other matters on which the bankrupt relies to establish the reasons for the application.

(4) The trustee must decide the application as soon as practicable, and in any event not later than 30 days, after the day on which the application is received.

(5) If the trustee does not make a decision on the application within that period of 30 days, the trustee is taken to have made a decision at the end of that period refusing the application.

(6) If the trustee is satisfied that the bankrupt will suffer hardship if required to pay the contribution, the trustee may determine that, for the purposes of the application of section 139S in relation to the bankrupt in respect of the contribution assessment period, the actual income threshold amount that was applicable in relation to the bankrupt when the assessment was made is taken to have been increased to such amount as the trustee determines.

(7) If the trustee is not satisfied that the bankrupt will suffer hardship if required to pay the contribution, the trustee must refuse the application.

(8) If the trustee makes a determination under subsection (6), the trustee must make such assessment under section 139W as is necessary to give effect to the determination.

(9) The trustee must give written notice to the bankrupt:

(a) setting out the trustee's decision on the application; and

(b) referring to the evidence or other material on which the decision was based; and

(c) giving the reasons for the decision.

(10) The notice must include a statement to the effect that the bankrupt may request the Inspector-General to review the decision.

(11) A contravention of subsection (10) in relation to a decision does not affect the validity of the decision.

(12) The trustee's decision under this section is reviewable under Subdivision G in the same way as an assessment made by the trustee.