Bankruptcy Regulations (Amendment) 1997 (76 of 1997)
26. New Part 15A
26.1 After regulation 15.19, insert:
" PART 15A - PROVISIONS RELATING TO THE BANKRUPTCY CHARGES ACTS
Interpretation
" 15A.01.(1) In this Part:
'charge' means an interest charge, a realisations charge or a registration charge;
'charge period' has the same meaning as in the Estate Charges Act;
'penalty' means a late payment penalty.
" (2) An expression defined for Part XV of the Act has the same meaning in this Part.
Mode of payment
" 15A.02. An amount of charge or penalty may be paid to the Inspector-General:
(a) in cash; or
(b) by cheque; or
(c) by any other means (for example, by direct debit or electronic transfer) that the Inspector-General approves in writing.
Overpayments to be refunded or offset
" 15A.03. The amount of an overpayment by a trustee of a charge or penalty may be:
(a) refunded to the trustee; or
(b) unless the trustee, by notice in writing to the Inspector-General, directs otherwise - offset against an amount of charge or penalty payable by the trustee.
Information to accompany payment of interest charge
" 15A.04.(1) A payment of interest charge by a trustee must have with it, in the approved form, any information required by the approved form.
" (2) Where a payment of interest charge is made by or on behalf of a trustee by non-physical means (for example, by direct debit or electronic transfer), the trustee must without delay give the Inspector-General that information.
" (3) This regulation does not apply to the Official Trustee.
Information to accompany payment of realisations charge
" 15A.05.(1) A payment of realisations charge by a trustee must have with it, in the approved form, any information required by the approved form.
" (2) Where a payment of realisations charge is made by or on behalf of a trustee by non-physical means (for example, by direct debit or electronic transfer), the trustee must without delay give the Inspector-General that information.
" (3) This regulation does not apply to the Official Trustee.
Information to accompany payment under regulation 16.14
" 15A.06. A trustee, other than the Official Trustee, who makes a payment under regulation 16.14, must lodge with the payment a statement in the approved form.
Lodgment of request for remission
" 15A.07. A request by a trustee for remission of a charge or penalty must be in writing and lodged with the Official Receiver for the District in which the trustee carries on business.".
Copyright notice
© Australian Taxation Office for the Commonwealth of Australia
You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).