Commonwealth Numbered Regulations

1996 No. 263 BANKRUPTCY REGULATIONS - REG 16.14

16.14. (1) A person who gives an account to the Official Receiver under
paragraph 175 (1) (a) of the Act in respect of an estate or a debtor must pay
to the Official Receiver the appropriate fee in accordance with this
regulation.

(2) A reference in subregulation (3) to the "prescribed amount" is a reference
to the amount worked out:

   (a)  in the case of an account in respect of:

        (i)    a composition or scheme of arrangement under Division 6 of Part
               IV of the Act; or

        (ii)   a composition under Part X of the Act; in accordance with
               subregulation (4); and

   (b)  in any other case - in accordance with subregulation (5).

(3) Subject to regulation 16.16, the fee payable is:

   (a)  if the prescribed amount in respect of the estate or debtor is less
        than $50,000 - a fee equal to 3% of that prescribed amount;

   (b)  if the prescribed amount in respect of the estate or debtor exceeds
        $50,000 but does not exceed $100,000 - a fee equal to the sum of
        $1,500 and an amount equal to 2.5% of the amount by which the
        prescribed amount exceeds $50,000; or

   (c)  in any other case - a fee equal to the sum of $2,750 and an amount
        equal to 1.25% of the amount by which the prescribed amount exceeds
        $100,000; less:

   (d)  the fee or the sum of the fees paid on giving a previous account or
        previous accounts in respect of the estate or debtor; and

   (e)  any fee paid by the Official Trustee in respect of the estate under
        regulation 16.08.

(4) Where paragraph (2) (a) applies, the prescribed amount for the purposes of
subregulation (3) is the total amount received by the trustee, or the sum of
the total amounts received by each trustee, for distribution to the creditors
of the debtor or the total amount (if any) distributed by the debtor to his
creditors in accordance with the composition or scheme of arrangement, as the
case may be.

(5) Where paragraph (2) (b) applies, the prescribed amount for the purposes of
subregulation (3) is an amount equal to the total amount received by the
trustee, or the sum of the total amounts received by each trustee, of the
estate or in relation to the debtor, as the case may be, up to the end of the
period to which the account relates less:

   (a)  any amounts paid to secured creditors in respect of their securities
        before that date; and

   (b)  any amounts paid by any trustee in carrying on the business of the
        bankrupt, deceased person or debtor; and

   (c)  the amount of any surplus to which the bankrupt is entitled by reason
        of section 154 of the Act.

(6) Where 2 or more trustees act in succession, the amount paid by one of
those trustees to the other trustee is taken, for the purposes of
subregulation (4) or (5), not to be an amount received by the trustee to whom
it is paid.