Commonwealth Consolidated Regulations

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INSOLVENCY PRACTICE RULES (BANKRUPTCY) 2016 - RULE 42.185

Income and contribution assessment

  (1)   Despite section   42 - 170, this section does not apply to a registered trustee in relation to the estate of a deceased person in respect of which an order has been made under Part   XI of the Act.

  (2)   The registered trustee must, as soon as possible after all necessary information has been made available, make an assessment of:

  (a)   the income of the regulated debtor in respect of a contribution assessment period; and

  (b)   the contribution that the regulated debtor is liable to pay.

  (3)   The registered trustee must:

  (a)   act fairly and reasonably in determining the time for payment of any contribution ( contributions liability ) that a regulated debtor is liable to pay in respect of a contribution assessment period, calculated in accordance with section   139S of the Act; and

  (b)   if full payment within the contribution assessment period or before discharge would cause hardship to the regulated debtor, consider giving the regulated debtor an extension of the time for payment of contributions liability.

  (4)   The registered trustee must:

  (a)   give the regulated debtor a copy of the assessment of income and contributions liability, setting out and explaining the basis on which the amount of any contributions liability has been calculated; and

  (b)   notify the regulated debtor of the effect of section   139ZA of the Act (about internal review of assessment).

  (5)   In this section:

"contribution assessment period" has the same meaning as in section   139K of the Act.



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