Bankruptcy Regulations 1996

PART 13 - NATIONAL PERSONAL INSOLVENCY INDEX

Division 3 - Miscellaneous

REGULATION 13.06 INSPECTION OF THE INDEX

13.06(1)

A person may, by application in writing, ask an Official Receiver to inspect material in the Index and give an extract of material specified in the application.

13.06(2)
On receipt of an application, the Official Receiver:

(a) if the fee determined under the Fees and Remuneration Determination is paid - must inspect the Index and, within 14 days of receiving the application:

(i) give the requested extract to the applicant; or

(ii) tell the applicant, in writing, that the requested extract is not entered in the Index; or

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(b) may give the applicant a list of Index search agents who may be able to inspect material entered in the Index for the applicant.

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13.06(3)

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A person who has been granted access to the Index by the Inspector-General may, after paying the fee determined under the Fees and Remuneration Determination:

(a) inspect material entered in the Index; or

(b) obtain an extract of material entered in the Index.

Example for paragraph (b):

Making notes of information shown on a computer screen, or obtaining a print-out of information stored electronically.

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13.06(4)
However, prior payment is not required under subregulation (3) if the person has an alternative arrangement with the Inspector-General about the method of payment.

Example: An arrangement for payment by bulk billing.

13.06(5)
The Inspector-General may specify conditions that apply to:

(a) the use of information entered in the Index; and

(b) the use of an extract of material entered in the Index.

Note: Under regulation 13.09 , the Inspector-General has control of access to the Index.

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History

Reg 13.06 substituted by SLI No 137 of 2006, reg 3 and Sch 1 item 4, effective 1 July 2006. Reg 13.06 formerly read:

13.06 INSPECTION OF THE INDEX
13.06(1)
A person may, after paying the prescribed data fee applying under paragraph 16.09(a):

(a) inspect the Index; and

(b) obtain an extract of information entered on the Index.

Example for paragraph (b): Making notes of information shown on a computer screen, or obtaining a print-out of information stored electronically.

13.06(2)
However, prior payment is not required if the person has an alternative arrangement with the Inspector-General about the method of payment.

Example: An arrangement for payment by bulk billing.

13.06(3)
A person may, by application in writing, ask the Official Receiver to search the Index and provide an extract specified in the application.

13.06(4)
On receipt of an application, the Official Receiver:

(a) if the data fee applying under paragraph 16.09(b) is paid - must conduct the search and, within 14 days of receiving the application:

(i) send the requested extract to the applicant; or

(ii) tell the applicant, in writing, that the requested extract is not on the Index; or

(b) may give the applicant a list of Index search agents who may be able to carry out the search for the applicant.

13.06(5)
This regulation applies subject to regulation 13.09.

Reg 13.06 substituted by SR No 255 of 2002, reg 3 and Sch 1 item 17, effective 6 November 2002. Reg 13.06 formerly read:

13.06 INSPECTION OF THE INDEX
13.06(1)
Subject to subregulation (1A), a person may, on payment of any applicable fee:

(a) inspect the Index; and

(b) take an extract of information entered on the Index; and

(c) obtain a copy of the extract.
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History

Reg 13.06(1) amended by SR No 76 of 1997, r 21.1.

13.06(1A)
Subregulation (1) applies subject to the following provisions:

(a) prior payment by a person of an applicable fee is not required if the person has an alternative arrangement (for example, payment by bulk billing) with the Inspector-General concerning the mode of payment;

(b) paragraph (1)(b) extends to making notes of information shown on a computer screen;

(c) paragraph (1)(c) extends to making, or obtaining, a print-out on paper of an extract stored on computer.
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History

Reg 13.06(1A) inserted by SR No 76 of 1997, r 21.2.

13.06(2)
On payment of any applicable fee, a person may, by application in writing, request the Official Receiver to search the Index and provide an extract specified in the application.

13.06(3)
If an application is lodged in accordance with subregulation (2), the Official Receiver must conduct the search and, within 14 days of receiving the application:

(a) send the requested extract to the applicant; or

(b) notify that applicant in writing that the requested extract is not on the Index.

13.06(4)
This regulation applies subject to regulation 13.09.
NOTE: For applicable fees, see r 16.09.

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