Bankruptcy Regulations 1996

PART 4 - PROCEEDINGS IN CONNEXION WITH BANKRUPTCY

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Division 1 - Bankruptcy notices

REGULATION 4.02A

4.02A SERVICE OF BANKRUPTCY NOTICES

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A bankruptcy notice must be served within:

(a) the period of 6 months commencing on the date of issue of the bankruptcy notice; or

(b) any further period that the Official Receiver allows (whether within or outside that period of 6 months).

Note 1:

If paragraph (b) applies to a bankruptcy notice, a fee is payable under the Fees and Remuneration Determination.

Note 2:

A bankruptcy notice may be served by any of the methods mentioned in regulation 16.01.

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History

Reg 4.02A amended by SLI No 195 of 2010, reg 3 and Sch 1 item 4, by amending the note, effective 1 August 2010. The note formerly read:

Note:

If paragraph (b) applies to a bankruptcy notice, a fee is payable under the 2006 Fees Determination.

Reg 4.02A amended by SLI No 137 of 2006, reg 3 and Sch 1 item 2, by inserting the note, effective 1 July 2006.

Reg 4.02A substituted by SLI No 4 of 2006, reg 3 and Sch 1 item 2, effective 17 February 2006. Reg 4.02A formerly read:

4.02A SERVICE OF BANKRUPTCY NOTICES
4.02A(1)
This regulation applies to the following kinds of bankruptcy notice:

(a) a bankruptcy notice issued on or after the commencement date;

(b) a bankruptcy notice issued before the commencement date if, immediately before the commencement date, service of the bankruptcy notice would have been effective under rule 9 of the Bankruptcy Rules.
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History

Reg 4.02A(1) inserted by SR No 76 of 1997, r 4.1.

4.02A(2)
Subject to subregulation (3), a bankruptcy notice must be served within:

(a) the period of 6 months commencing on the date of issue of the bankruptcy notice; or

(b) any further period that the Official Receiver allows (whether within or outside that period of 6 months).
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History

Reg 4.02A(2) inserted by SR No 76 of 1997, r 4.1.

4.02A(3)
A bankruptcy notice may, in any event, be served within the period of 3 months commencing on the day on which this regulation commences.
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History

Reg 4.02A(3) inserted by SR No 76 of 1997, r 4.1.

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