Bankruptcy Amendment Regulations 2006 (No. 1) (4 of 2006)

5   Transitional - waiver and remission of fees

 

(1) Subregulations (2) to (7) apply despite the amendments made by items [10] and [11] of Schedule 1.

      

(2) The Inspector-General may waive or remit the whole or part of any fee that became payable under Subdivision 2.2 of Part 16 of the Bankruptcy Regulations 1996 before the commencement of these Regulations, if the Inspector-General is reasonably satisfied that:

(a) payment of the fee by the person liable to pay it has imposed, or would impose, undue hardship on the person; or

(b) because of other exceptional circumstances, it is proper and reasonable to do so.

      

(3) For paragraph (2) (a), undue hardship means hardship that is unusual and exceptional in comparison to the hardship arising in the normal course of bankruptcy.

      

(4) A decision under subregulation (2) must be notified in writing to:

(a) the person concerned; and

(b) the Official Trustee.

      

(5) Application may be made to the Administrative Appeals Tribunal for review of a decision of the Inspector-General under subregulation (2) to refuse to waive or remit the whole or part of any fee that became payable under Subdivision 2.2 of Part 16 of the Bankruptcy Regulations 1996 before the commencement of these Regulations.

      

(6) A person who is aggrieved by a decision under subregulation 16.13A (1) of the Bankruptcy Regulations 1996 in relation to a fee payable under Subdivision 2.2 of Part 16 of those Regulations (being a decision made before the commencement of these Regulations) may apply to the Administrative Appeals Tribunal for review of the decision if the time within which that decision may be reviewed has not ended.

Note 1 Under section 27A of the Administrative Appeals Tribunal Act 1975, the decision-maker must give any person whose interests are affected by the decision notice, in writing or otherwise, of the making of the decision and of the person's right to have the decision reviewed. In giving that notice, the decision-maker must have regard to the Code of Practice determined under section 27B of that Act (Gazette No. S 432, 7 December 1994).

Note 2 Section 29 of the Administrative Appeals Tribunal Act 1975 prescribes the time within which application may be made to the Administrative Appeals Tribunal for review of a decision.

      

(7) The Inspector-General is taken to have delegated the power to waive or remit the whole or part of a fee under subregulation (2) to any person to whom the Inspector-General delegated the power to waive or remit a fee under subregulation 16.13A (1) of the Bankruptcy Regulations 1996, under a delegation:

(a) that was made under subsection 11 (4) of the Bankruptcy Act 1966; and

(b) that was in effect immediately before the commencement of these Regulations.