Commonwealth Consolidated Regulations Commonwealth Consolidated Regulationsmade under the
Compilation No. 4
Compilation date: 17 December 2024
Includes amendments: F2024L01678
About this compilation
This compilation
This is a compilation of the Bankruptcy Regulations 2021 that shows the text of the law as amended and in force on 17 December 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Name
3 Authority
Part 2--Administration
5 Disclosure of information by Inspector-General
6 Prescribed rate of interest on money held in Common Fund
Part 3--Courts
7 Prescribed countries
Part 4--Proceedings in connection with bankruptcy
Division 1--Bankruptcy notices
8 Application for bankruptcy notice
9 Form of bankruptcy notice
10 Service of bankruptcy notice
10A Prescribed statutory minimum
11 Inspection of bankruptcy notice
12 Judgment or order in foreign currency
Division 2--Petitions
13 Copy of petition, and certain orders, to be given to Official Receiver
14 Control of debtor's property before sequestration
15 Preliminary remuneration and expenses of trustee
16 Application for damages where petition dismissed
17 Prescribed modifications of applied provisions
18 Acceptance of debtor's declaration
19 Prescribed information to be supplied by Official Receiver to debtor
20 Presentation of debtor's petition
21 Debtor's petition--filing of trustee's consent
22 Notice to partners of referral to Court of petition by other partners against the partnership
Part 5--Control over person and property of debtors and bankrupts
23 Arrest of debtor or bankrupt
Part 6--Administration of property
Division 1--Proof of debts
24 Proof of debt in foreign currency
Division 2--Order of payment of debts
25 Priority payments--order of payment of certain costs, charges, expenses and remuneration
26 Maximum amount payable to employee
Division 3--Property available for payment of debts
27 Household property that is not available for payment of debts
28 Personal property with sentimental value that is not available for payment of debts
29 Tools that are not available for payment of debts
30 Motor vehicles that are not available for payment of debts
Division 4--Undervalued transactions
31 Transfers exempt from being void against trustee
Division 5--Realisation of property
32 Disclaimer of onerous property
Division 6--Definition of income
33 Fringe benefits--modification of the FBTA Act
34 Superannuation contributions
35 Family assistance and social security payments
Division 7--Contributions by bankrupt
36 Contribution assessment--income of dependant
37 Contributions by bankrupt--modes of payment
38 Contributions where bankrupt dies
39 Discharged bankrupt to give information if contribution unpaid
Division 8--Collection of money or property by Official Receiver from person other than the bankrupt
40 Notice under section 139ZL of the Act not to refer to protected money
41 Notice under section 139ZL of the Act (notice of ceasing or commencing employment)
Division 9--Distribution of property
42 Minimum amount of dividend
43 Manner of declaring final dividend
Part 7--Discharge and annulment
44 Trustee to inform Official Receiver of return of bankrupt to Australia
45 Grounds of objection--failure to provide complete and accurate information
46 Inspector-General to inform Official Receiver of ART decision about Inspector-General's decision
Part 8--Trustees
Division 1--Consent to act, and appointment, as trustee of estate
47 Filing consent to act as trustee with the Official Receiver
48 Certificate of appointment under subsection 156A(3) of the Act
Division 2--Controlling trustees other than Official Trustee or registered trustees
49 Ineligibility of certain persons to act as controlling trustee
50 Review by Tribunal of determination
51 Official Trustee to perform duties of controlling trustee
Division 3--Registered trustee ceasing to be trustee of an estate
52 Notice of removal of trustee of estate
53 Notice of finalisation of administration
Part 9--Debt agreements
54 Prescribed information to be supplied to debtor
55 Presentation of debt agreement proposal
56 Qualifications for approval of application to be registered as debt agreement administrator
57 Prescribed amount of owed notified estate charges preventing renewal of registration as debt agreement administrator
Part 10--Personal insolvency agreements
58 Modifications of Part X of the Act--joint debtors
59 Information to be given to debtor about personal insolvency agreements
60 Signing authority by another person on behalf of debtor
61 Documents under section 188 of the Act
62 Controlling trustee to give Official Receiver copy of special resolution and certain particulars
63 Modifications of Part VIII of the Act--controlling trustees and trustees of personal insolvency agreements
64 Modifications of Division 1 of Part V of the Act--debtors whose property is subject to control under Division 2 of Part X of the Act
65 Notification of personal insolvency agreement
66 Information to be given to Official Receiver in relation to certain sequestration orders
67 Information to be given to Official Receiver in relation to orders terminating or setting aside a personal insolvency agreement
68 Termination of personal insolvency agreement by trustee
69 Modifications of Parts V and VI of the Act--personal insolvency agreements
70 Certificate relating to realisation of divisible property and non-availability of dividend
Part 11--Administration of estates of deceased persons in bankruptcy
71 Modifications of the Act--administration of estates of deceased persons
Part 12--Unclaimed dividends or money
72 Statement where money paid to the Commonwealth
Part 13--National Personal Insolvency Index
Division 1--General
73 Establishment and maintenance of the National Personal Insolvency Index
74 Information in the Index
Division 2--Information to be entered in the Index
75 Documents that must be given to Official Receiver
76 Documents given to Official Receiver in accordance with the Act
77 Documents given to Official Receiver in accordance with this instrument
78 Information about specified events
79 Information about certain debtors
Division 3--Information not to be entered in the Index and information to be removed from the Index
80 Application for information to be removed, corrected or not entered in the Index
81 Application to the Administrative Review Tribunal
82 Removal from the Index of information relating to debt agreement
83 Removal from the Index of information relating to debt agreement proposal
Division 4--Other matters
84 Inspection of the Index
85 Information extracted from the Index to be evidence
86 Immunity from defamation
Part 14--Offences under the Act
Division 1--Arrest of person failing to attend before the Court etc.
87 Apprehension under a warrant--notification to Registrar in certain cases
88 Registrar to act on notification--direction to person executing warrant
Division 2--Infringement notices
89 Purpose and operation of this Division
90 When an infringement notice may be given
91 Matters to be included in an infringement notice
92 Extension of time to pay amount
93 Withdrawal of an infringement notice
94 Effect of payment of amount
95 Evidentiary certificates
96 Effect of this Division
Part 15--Provisions relating to the Bankruptcy (Estate Charges) Act 1997
97 Purpose of Part
98 Mode of payment
99 Overpayments to be refunded or offset
100 Information to accompany payment of interest charge
101 Information to accompany payment of realisations charge
Part 16--Miscellaneous
Division 1--Matters relating to documents
102 Service of documents
103 Documents for Inspector-General, Official Receiver or Official Trustee
104 Proof of statement of affairs
105 Document filed by Inspector-General or Official Receiver--fee not payable
Division 2--Matters relating to fees
106 Payment of fees
107 Official Trustee's entitlement to interim remuneration
108 Reimbursement of Official Trustee for expenses
109 Fee for inspecting notes and transcript of evidence
110 Fee for making request for consent to leave Australia
111 Waiver or remission of fees by Inspector-General
112 Review of decision of the Inspector-General
Division 3--Other matters
113 Inventory by trustee taking possession of, or attaching, property
114 Indexation
Part 17--Application, saving and transitional provisions
115 Things done under the Bankruptcy Regulations 1996
116 Taxable value of car fringe benefits
117 Amendments made by the Bankruptcy Amendment (Electronic Service) Regulations 2024
Schedule 1--Forms
Schedule 2--Modifications of the FBTA Act
FBTA Act
Schedule 3--Modifications in relation to Part X of the Act
Part 1--Modifications of Part X of the Act--joint debtors
Part 2--Modifications of Part VIII of the Act--controlling trustees and trustees of personal insolvency agreements
Part 3--Modifications of Division 1 of Part V of the Act--debtors whose property is subject to control under Division 2 of Part X of the Act
Part 4--Modification under subsection 231(1) of the Act--personal insolvency agreements
Part 5--Modifications under subsection 231(3) of the Act--personal insolvency agreements
Schedule 4--Modifications under Part XI of the Act--administration of estates of deceased persons
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
19 Mar 2021 (F2021L00261) | 1 Apr 2021 (s 2(1) item 1) |
| |
Bankruptcy Amendment (Service of Documents) Regulations 2022 | 5 Apr 2022 (F2022L00528) | 6 Apr 2022 (s 2(1) item 1) | -- |
Administrative Review Tribunal Legislation Consequential Amendments (2024 Measures No. 1) Regulations 2024 | 11 Oct 2024 (F2024L01299) | Sch 2 (items 4-11): 14 Oct 2024 (s 2(1) item 1) | -- |
Bankruptcy Amendment (Electronic Service) Regulations 2024 | 16 Dec 2024 (F2024L01678) | 17 Dec 2024 (s 2(1) item 1) | -- |
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Bankruptcy Amendment (Discharge from Bankruptcy) Act 2023 | 94, 2023 | 22 Nov 2023 | Sch 1 (items 20-27, 29): 23 Nov 2023 (s 2(1) item 1) | Sch 1 (items 27, 29) |
Provision affected | How affected |
Part 1 |
|
s 2..................... | rep LA s 48D |
s 4..................... | am F2024L01678 |
Part 4 |
|
Division 2 |
|
s 22.................... | am F2024L01678 |
Part 6 |
|
Division 9 |
|
s 43.................... | am F2024L01678 |
Part 7 |
|
s 46.................... | am F2024L01299 |
Part 8 |
|
Division 2 |
|
s 50.................... | am F2024L01299 |
Part 13 |
|
Division 2 |
|
s 75.................... | ed C1 |
s 76.................... | am No 94, 2023 |
s 77.................... | am F2024L01299 |
Division 3 |
|
s 80.................... | am F2024L01299 |
s 81.................... | am F2024L01299 |
Part 16 |
|
Division 1 |
|
s 102................... | am F2022L00528 |
| rs F2024L01678 |
Division 2 |
|
s 112................... | am F2024L01299 |
Part 17 |
|
s 117................... | ad F2024L01678 |