Bankruptcy Regulations 1996

SCHEDULE 8 - INFORMATION ON THE NATIONAL PERSONAL INSOLVENCY INDEX

(regulation 13.03 )

Note: References in this Schedule to sections, subsections and paragraphs are references to those provisions of the Act.

Item No	Provision of the Act	Document from which information may be entered in the Index	Person who must give the document to the Official Receiver	Period within which the document must be provided to the Official Receiver	Information to be entered in the Index
1	Section 50 trustee to take control of debtor ' s property before sequestration	court order	applicant (creditor)	as soon as practicable	• date of order • particulars of debtor • date when trustee ' s control ends (subsection 50(1B))
2	Sections 43 and 47 creditor ' s petition	creditor ' s petition and verifying affidavit (subsections 47(1) and (1A))	petitioning creditor	within 3 business days	• date of petition • particulars of debtor • name of petitioning creditor • name and telephone number of petitioning creditor ' s solicitors • date of court hearing for sequestration order
3	Section 43 sequestration order	sequestration order (subsection 43(1), section 52)	Creditor who obtained the order (subsection 52(1A))	within 2 days	• date of order • particulars of bankrupt • name of petitioning creditor • name and telephone number of petitioning creditor ' s solicitors • name of trustee • date of filing of Statement of Affairs
4	Section 55 debtor ' s petition	debtor ' s petition and statement of affairs (subsection 55(2))	debtor (subsection 55(1))	not applicable	• particulars of debtor • date of acceptance (or, if the Court orders the Official Receiver to accept the petition, the date of commencement of the bankruptcy (subsection 55(3B)) • name of trustee • date of filing of Statement of Affairs
5	Section 56B debtor ' s petition against partnership	debtor ' s petition and statements of affairs (section 56B)	petitioning partners (subsection 56A(1))	not applicable	• particulars of each debtor/partner • date of acceptance (or, if the Court orders the Official Receiver to accept the petition, the date of commencement of the bankruptcy of each partner (section 56C))
					• name of trustee
					• date of filing of Statement of Affairs
6	Section 57 debtor ' s petition by joint debtors who are not partners	debtor ' s petition and statements of affairs (subsection 57(2))	2 or more petitioning debtors (subsection 57(1))	not applicable	• particulars of each debtor • date of acceptance (or, if the Court orders the Official Receiver to accept the petition, the date of commencement of the bankruptcy of each debtor (subsection 57(3B)) • name of trustee • date of filing of Statement of Affairs
7	Section 74 annulment of bankruptcy by special resolution of creditors	written notice (subsection 74(5A))	trustee (subsection 74(5A))	as soon as practicable after passage of special resolution (subsection 74(5A))	• date of annulment of the bankruptcy
7A	Section 76B record of the termination or setting aside of a composition or scheme of arrangement	copy of record	trustee	immediately	• date of termination or setting aside
8	Section 149 automatic discharge from bankruptcy	not applicable	not applicable	not applicable	• date of discharge
9	Sections 149B, 149C objection to discharge	Notice of objection (section 149B)	trustee (section 149B)	at any time before discharge	• date objection takes effect (ie day on which details of notice entered in the Index section 149G) • grounds of objection • person lodging the notice (ie trustee)
10	Section 149H trustee ceasing to object on a particular ground	notice of ceasing to object (subsection 149H(1))	trustee (subsection 149H(1))	at any time before discharge (subsection 149H(1))	• date objection ceases to have effect (if at all) (ie day on which details of notice entered in the Index subsection 149H(3)) • grounds of objection to which notice relates • person lodging the notice (ie trustee)
11	Section 149J trustee or Official Receiver withdrawing objection	notice of withdrawal (subsection 149J(1))	trustee (subsection 149J(1)) (see also subsection 149J(2) for Official Receiver)	at any time before discharge (subsections 149J(1) and (2))	• date withdrawal of objection takes effect (ie day on which details of notice entered in the Index subsection 149J(3)) • person lodging the notice (ie trustee or Official Receiver)
12	Section 149N Inspector-General ' s review of decision to object (also: section 149Q-AAT review of decision)	if the Inspector-General cancels the objection - written notice that objection cancelled	trustee	as soon as practicable after objection cancelled	• date the cancellation takes effect (subsection 149N(2))
13	Sections 149S and 149ZF early discharge from bankruptcy	[ application for early discharge (subsection 149S(2))] certificate of discharge (subsection 149ZF(3))	certificate - registered trustee (subsection 149ZF(3)) (see also Official Receiver: subsection 149ZF(3); see also subsection 149ZK(2) for decision on review)	as soon as practicable after trustee signs certificate (subsection 149ZF(3))	• date on which bankruptcy is discharged (subsection 149ZF(1); see also subsection 149ZK(2))
14	Section 153A annulment of bankruptcy on payment of debts	certificate (subsection 153A(2))	trustee (subsection 153A(2))	as soon as practicable after debts paid in full (subsection 153A(2))	• date of annulment
15	Section 153B annulment of bankruptcy by Court	court order (section 153B)	applicant (Rule 7.04 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules)	2 days after the order is entered (Rule 7.04 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules)	• date of annulment
16 - 19	(Repealed by FRLI No F2016L01926)
20	Sections 184 and 184A release of trustee by operation of law after 7 years	no document specified	registered trustee	not applicable	• fact that the administration of an estate is finalised
21	Part IX debt agreement proposal	debt agreement proposal, explanatory statement and statement of affairs	debtor	not applicable	• date that acceptance of proposal for processing and name and address of debt agreement processor are entered in the Index • particulars of debtor • particulars of whether proposal accepted or rejected following processing • date that a proposal lapses (if at all) • date of withdrawal or cancellation of proposal
22	Part IX debt agreements	debt agreement notification of completion or termination of the debt agreement notification of a designated 6-month arrears default	notification of completion: the debt agreement administrator notification of 6-month arrears default: the debt agreement administrator	notification of completion: 5 business days after end of debt agreement notification of 6-month arrears default: 10 business days after occurrence of designated 6-month arrears default	• particulars of debtor (if different from particulars in debt agreement proposal) • date that making of debt agreement entered in the Index • date at end or termination of debt agreement • particulars of reason for debt agreement termination or end
22A	Section 185N ending a debt agreement by discharging obligations	certificate given under subsection 185N(3)	not applicable	not applicable	• date of giving of certificate
22B	Section 185P (as in force immediately before 1 July 2007) terminating a debt agreement (made as the result of the acceptance of a debt agreement proposal given to the Official Receiver before 1 July 2007) by proposal	Minutes of creditors meeting called under section 185A (as in force immediately before 1 July 2007), or the record made by the Official Receiver of acceptance of proposal under subsection 185B(3) (as in force immediately before 1 July 2007)	not applicable	not applicable	• date of acceptance of proposal
22C	Section 185Q terminating a debt agreement by court order	court order	applicant (Rule 9.05 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules)	2 days after the order is entered (Rule 9.05 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules)	• date order made
22D	Section 185QA (as in force immediately before 1 July 2007) terminating a debt agreement (made as the result of the acceptance of a debt agreement proposal given to the Official Receiver before 1 July 2007) by special resolution of creditors	Minutes of meeting called under section 185QA (as in force immediately before 1 July 2007)	not applicable	not applicable	• date of passing of special resolution
23	Sections 185T and 185U voiding a debt agreement	court order (subsection 185U(1))	applicant (Rule 9.05 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules)	2 days after the order is entered (Rule 9.05 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules)	• date of order • whether agreement is voided in whole or in part
23A	Section 186B Application for registration as a debt agreement administrator	application	Inspector-General	not applicable	• date of application • particulars of applicant
23B	Section 186D Registration as a debt agreement administrator	application approval or refusal of registration application under section 186C (including any conditions specified for subsection 186C(9)).	Inspector-General	not applicable	• particulars of applicant • details of the approval or refusal (including specified conditions applying to the debt agreement administrator on registration)
23C	Section 186F Conditions of registration	notice of imposition of conditions	Inspector-General	not applicable	• particulars of conditions imposed on debt agreement administrator ' s registration
23D	Sections 185ZCA, 186J, 186K and 186L Debt agreement administrator registration ceases	approval of registration notice of request to accept surrender of registration (section 186J) notice of cancellation of registration (section 186K or 186L)	Inspector-General	not applicable	• date debt agreement administrator registration ceases • particulars of reason for end of registration
24	Section 188 and subsection 189(1B) authority to be controlling trustee (personal insolvency agreement); notice of event causing end of control by trustee	authority (subsection 188(1)); notice (subsection 189(1B))	registered trustee or solicitor (subsection 188(5); subsection 189(1B))	authority: 2 business days of consent to act; notice: 7 days after becoming aware that control has ended	• date of authority • date of filing of statement of affairs • name of controlling trustee • particulars of debtor • date of termination of control
24A	Section 192 authority to be controlling trustee passing to Official Trustee	Evidence of event mentioned in subsection 192(1) (death, cessation, incapacity written request)	Official Trustee	14 days of control passing	• particulars of debtor • date of passing of control
25	Section 204 and subsection 218(1) personal insolvency agreement	copy of agreement (paragraph 218(1)(b))	trustee (paragraph 218(1)(b))	within 21 days after executing agreement	• date of execution of agreement • particulars of debtor (if different from particulars in section 188 authority) • name of each nominated trustee of the agreement • (subsection 204(3); see also section 215A) • date of filing of statement of affairs
26	Section 221 sequestration order for certain failures under Part X	court order (subsection 221(1))	applicant	2 days after the order is made	• date of order • particulars of bankrupt (if different from particulars in section 188 authority) • name of petitioning creditor (if any) • name and telephone number of petitioning creditor ' s solicitors (if any) • name of trustee • date of filing of Statement of Affairs
27	Subsection 222(10) sequestration order against estate of debtor	sequestration order	applicant for sequestration order	2 days after the order is made (regulation 10.11)	• date of order • particulars of debtor
28	Section 222A termination of personal insolvency agreement by trustee	copy of written notice of termination (regulation 10.12)	trustee of the agreement	immediately (regulation 10.12)	• date of termination
28A	Subsection 222C(5) sequestration order against estate of debtor	sequestration order	applicant for sequestration order	2 days after the order is made (regulation 10.11)	• date of order • particulars of debtor
28B	Subsections 224A(1) and (3) terminating personal insolvency agreement by creditors or event specified in agreement	copy of resolution or special resolution (subsection 224A(1)); written notice (subsection 224A(3))	trustee (subsections 224A(1) and (3))	immediately (subsections 224A(1) and (3))	• date of termination
28C	Subsection 224A(4) court order setting aside or terminating a personal insolvency agreement	written notice	registered trustee	2 days after the order is made (regulation 10.11)	• date when agreement set aside or terminated
28D	Section 232 certificate relating to discharge of obligations under personal insolvency agreement	certificate given to debtor under subsection 232(1)	trustee	not applicable	• date when trustee signed certificate
29	Section 244 creditor ' s petition for Part XI administration (deceased estates)	creditor ' s petition and verifying affidavit (subsections 244(1) and (5))	petitioning creditor	not applicable	• date of petition • particulars of deceased • name of petitioning creditor • name and telephone number of petitioning creditor ' s solicitors • date of hearing for administration order • date of filing of Statement of Affairs
30	Section 244 and section 245 (death of debtor after creditor ' s petition under section 47) Part XI administration (deceased estates)	court order (subsections 244(14); 245(3))	petitioning creditor (subsections 244(14); 245(3))	2 days beginning on the day the order is made (subsection 244(14))	• date of order • particulars of deceased (if particulars different from particulars in relevant creditor ' s petition) • name of trustee
31	Section 247 administrator ' s petition for Part XI administration of deceased estate	petition and statement of affairs (subsection 247(1))	administrator (subsection 247(1))	not applicable	• date of petition • particulars of deceased • name of administrator • name and telephone number of administrator ' s solicitors • date of filing of Statement of Affairs
32	Section 247 court order for Part XI administration on administrator ' s petition	court order (subsection 247(1A))	applicant (subsection 247(3))	2 days beginning on the day the order is made (subsection 247(3))	• date of order • the following particulars if different from those in administrator ' s petition:
					• particulars of deceased
					• name of administrator
					• name and telephone number of administrator ' s solicitors
					• name of trustee
					• date of filing of Statement of Affairs
33	Section 253E stay of proceedings in relation to farmers ' debts assistance	court order (subsection 253E(1))	applicant	7 days	• date of order • period of stay (subsection 253E(3))

View history note

History

Sch 8 amended by FRLI No F2016L01926, reg 4 and Sch 1 items 13 - 16, by substituting " business days " for " working days " in table item 2, repealing table items 16 - 19, substituting " business days " for " working days " (wherever occurring) in table item 22 and substituting " business days " for " working days " in table item 24, effective 1 March 2017. Table items 16 - 19 formerly read:

16 Section 154A

application for trustee registration application, and information prescribed by the regulations applicant trustee not applicable • date of application

17 Section 155C

trustee registration application, and information prescribed by the regulations (subsection 155C(2)) applicant trustee (Note: Inspector-General to register trustee: sections 155B and 155C) not applicable • details of trustee

18 Section 155G

trustee voluntarily terminating registration written request (subsection 155G(1)) trustee not applicable • date trustee registration ceases (ie date of acceptance of request: subsection 155G(2))

19 Sections 155H and 155I

involuntary termination of trustee registration no document specified Inspector-General (see subsection 155I(6)) not applicable • date trustee registration ceases (Inspector-General to give effect to decision to terminate registration: subsection 155I(6))

Sch 8 table amended by FRLI No F2016L00431, reg 4 and Sch 1 items 3 - 13, by substituting " 7.04 " for " 7.05 " in table item 15, column headed " Person who must give the document to the Official Receiver " , " 2 days after the order is entered (Rule 7.04 " for " 2 days (Rule 7.05 " in table item 15, " 2 days after the order is entered " for " 2 days after order made " in table item 22C, " 2 days after the order is entered " for " 2 days " in table item 22C, " 2 days after the order is entered " for " 2 days " in table item 23, " 2 days after the order is made " for " 2 days " in table item 26, " 2 days after the order is made " for " 2 days " in table item 27, " 2 days after the order is made " for " 2 days " in table item 28A, " 2 days after the order is made (regulation 10.11) " for " 2 days (Rule 10.05 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules) " in table item 28C and " 2 days beginning on the day the order is made (subsection 244(14)) " for " 2 days (Rule 11.04 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules) " in table item 30, column headed " Period within which the document must be provided to the Official Receiver " , " (subsection 247(3)) " for " (Rule 11.04 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules) " in table item 32, column headed " Person who must give the document to the Official Receiver " and " 2 days beginning on the day the order is made (subsection 247(3)) " for " 2 days (Rule 11.04 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules) " in table item 32, column headed " Period within which the document must be provided to the Official Receiver " , effective 1 April 2016.

Sch 8 table amended by SLI No 179 of 2015, reg 4 and Sch 1 items 3 and 4, by substituting items 22B and 22D, effective 19 November 2015. Table items 22B and 22D formerly read:

22B Section 185P

terminating a debt agreement by proposal Minutes of creditors meeting called under section 185A, or the record made by the Official Receiver of acceptance of proposal under subsection 185B(3) not applicable not applicable • date of acceptance of proposal

22D Section 185QA

terminating a debt agreement by special resolution of creditors Minutes of meeting called under section 185QA not applicable not applicable • date of passing of special resolution

Sch 8 table amended by SLI No 51 of 2013, reg 4 and Sch 1 item 10, by substituting " FCC " for " FMC " (wherever occurring), effective 12 April 2013.

Sch 8 table amended by SLI No 138 of 2007, reg 3 and Sch 2 item 10, by substituting item 23D, effective 1 July 2007.

Sch 8 table amended by SLI No 138 of 2007, reg 3 and Sch 1 items 2 and 3, by substituting items 21 and 22 and inserting items 23A to 23D, effective 14 June 2007.

Sch 8 table amended by SLI No 4 of 2006, reg 3 and Sch 1 items 16 to 28, effective 17 February 2006.

Sch 8 table amended by SR No 256 of 2004, reg 3 and Sch 1 items 21 to 31.

Sch 8 table amended by SR No 76 of 2003, reg 3 and Sch 1 items 18 to 27 and 31.

Sch 8, items 12, 15 and 23 substituted by SR No 255 of 2002, reg 3 and Sch 1 items 27 to 39, effective 6 November 2002.

Sch 8, items 2 and 9, amended by SR No 76 of 1997, rr 37.1 and 37.2.

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16	Section 154A application for trustee registration	application, and information prescribed by the regulations	applicant trustee	not applicable	• date of application
17	Section 155C trustee registration	application, and information prescribed by the regulations (subsection 155C(2))	applicant trustee (Note: Inspector-General to register trustee: sections 155B and 155C)	not applicable	• details of trustee
18	Section 155G trustee voluntarily terminating registration	written request (subsection 155G(1))	trustee	not applicable	• date trustee registration ceases (ie date of acceptance of request: subsection 155G(2))
19	Sections 155H and 155I involuntary termination of trustee registration	no document specified	Inspector-General (see subsection 155I(6))	not applicable	• date trustee registration ceases (Inspector-General to give effect to decision to terminate registration: subsection 155I(6))

22B	Section 185P terminating a debt agreement by proposal	Minutes of creditors meeting called under section 185A, or the record made by the Official Receiver of acceptance of proposal under subsection 185B(3)	not applicable	not applicable	• date of acceptance of proposal
22D	Section 185QA terminating a debt agreement by special resolution of creditors	Minutes of meeting called under section 185QA	not applicable	not applicable	• date of passing of special resolution