Bankruptcy Regulations 1996 and Bankruptcy Regulations 2021 comparison table

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Bankruptcy Regulations 1996 Bankruptcy Regulations 2021
Part 1--Preliminary Part 1—Preliminary
1.01 Name of Regulations 1 Name
-   2 Commencement
-   3 Authority
1.03 Interpretation 4 Definitions
1.04 Application of Criminal Code -  
Part 2--Administration Part 2—Administration
2.01 Section 20J of the Act--prescribed rate of interest on moneys in Common Fund 6 Prescribed rate of interest on money held in Common Fund
2.05 Disclosure of information by the Inspector-General 5 Disclosure of information by Inspector-General
Part 3--Courts Part 3—Courts
3.01 Paragraph 29(5)(b) of the Act--prescribed countries 7 Prescribed countries
Part 4--Proceedings in connexion with bankruptcy Part 4—Proceedings in connection with bankruptcy
Division 1--Bankruptcy notices Division 1—Bankruptcy notices
4.01 Application for bankruptcy notice 8 Application for bankruptcy notice
4.02 Form of bankruptcy notices 9 Form of bankruptcy notice
4.02AA Prescribed statutory minimum 10A Prescribed statutory minimum
4.02A Service of bankruptcy notices 10 Service of bankruptcy notice
4.03 Inspection of bankruptcy notices 11 Inspection of bankruptcy notice
4.04 Judgment or order in foreign currency 12 Judgment or order in foreign currency
Division 2--Petitions Division 2—Petitions
4.05 Copy of petition, etc to be given to Official Receiver 13 Copy of petition, and certain orders, to be given to Official Receiver
4.06 Control of debtor’s property before sequestration 14 Control of debtor’s property before sequestration
4.07 Expenses of trustee before sequestration 15 Preliminary remuneration and expenses of trustee
4.08 Application for damages where petition dismissed 16 Application for damages where petition dismissed
4.09 Subsection 50(5) of the Act--prescribed modifications of applied provisions 17 Prescribed modifications of applied provisions
4.1 Acceptance of debtor’s declaration 18 Acceptance of debtor’s declaration
  Prescribed information to be supplied by Official Receiver to debtor 19 Prescribed information to be supplied by Official Receiver to debtor
4.11 20 Presentation of debtor’s petition
4.12 Debtor's petition--filing of trustee’s consent 21 Debtor’s petition—filing of trustee’s consent
4.13 Notice to partners of referral to Court of petition by other partners against the partnership 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 Part 5—Control over person and property of debtors and bankrupts
5.01 Where debtor or bankrupt is arrested 23 Arrest of debtor or bankrupt
5.02 Fee for making request for consent to leave Australia 110 Fee for making request for consent to leave Australia
[*part of Div 2 of Part 16 below]
Part 6--Administration of property Part 6—Administration of property
Division 1--Order of payment of debts Division 1—Proof of debts
-   24 Proof of debt in foreign currency
-   Division 2—Order of payment of debts
6.01 Priority payments under section 109 of the Act--prescribed matters 25 Priority payments—order of payment of certain costs, charges, expenses and
remuneration
6.02 Maximum amount payable to employee 26 Maximum amount payable to employee
Division 2--Property available for payment of debts Division 3—Property available for payment of debts
6.03 Household property 27 Household property that is not available for payment of debts
6.03A Personal property 28 Personal property with sentimental value that is not available for payment of debts
6.03B Property divisible among creditors--prescribed amounts 29 Tools that are not available for payment of debts
30 Motor vehicles that are not available for payment of debts
Division 2A--Rural support schemes -
6.04A Prescribed rural support schemes (Act s 116) -  
6.04B Prescribed rural support schemes (Act s 116) -  
Division 4--Undervalued transactions Division 4—Undervalued transactions
6.09 Transfers exempt from being void against trustee 31 Transfers exempt from being void against trustee
Division 5--Realisation of property Division 5—Realisation of property
6.1 Disclaimer of onerous property 32 Disclaimer of onerous property
Division 6--Definition of income (Act s 139L) Division 6—Definition of income
6.11 Interpretation -  
6.12 Fringe benefits: modification of the FBTA Act 33 Fringe benefits—modification of the FBTA Act
6.12A Restart scheme payments -  
6.12B Superannuation contributions 34 Superannuation contributions
6.12C Family assistance and social security payments 35 Family assistance and social security payments
6.12D Primary Industry rural support scheme -  
Division 7--Contributions by bankrupt Division 7—Contributions by bankrupt
6.13 Interpretation -  
6.14 Contributions by bankrupt--modes of payment 37 Contributions by bankrupt—modes of payment
6.15 Contributions where bankrupt dies 38 Contributions where bankrupt dies
6.15A Contribution assessment--income of dependant 36 Contribution assessment—income of dependant
6.17 Certificate of outstanding contribution -  
6.18 Discharged bankrupt to give information if contribution unpaid 39 Discharged bankrupt to give information if contribution unpaid
Division 8--Notice under section 139ZL of the Act Division 8—Collection of money or property by Official Receiver from person other than the bankrupt
6.19 Notice under section 139ZL of the Act not to refer to protected money 40 Notice under section 139ZL of the Act not to refer to protected money
6.2 Notice under section 139ZL of the Act (notice of ceasing or commencing employment) 41 Notice under section 139ZL of the Act (notice of ceasing or commencing employment)
Division 9--Distribution of property Division 9—Distribution of property
6.21 Minimum amount of dividend 42 Minimum amount of dividend
6.22 Manner of declaring final dividend 43 Manner of declaring final dividend
Part 7--Discharge and annulment Part 7—Discharge and annulment
7.01 Trustee to inform the Official Receiver of return of bankrupt to Australia 44 Trustee to inform Official Receiver of return of bankrupt to Australia
7.01A Grounds of objection--failure to provide complete and accurate information 45 Grounds of objection—failure to provide complete and accurate information
7.02 Trustee to inform the Official Receiver of cancellation of objection 46 Inspector-General to inform Official Receiver of AAT decision about Inspector-General’s decision
Part 8--Trustees Part 8—Trustees
Division 1--Consent to act, and appointment, as trustee of estate Division 1—Consent to act, and appointment, as trustee of estate
8.01 Consent to act as trustee--subsection 156A(1) of the Act 47 Filing consent to act as trustee with the Official Receiver
8.02 Certificate of appointment under subsection 156A(3) of the Act 48 Certificate of appointment under subsection 156A(3) of the Act
Division 2--Controlling trustees other than Official Trustee or registered trustees Division 2—Controlling trustees other than Official Trustee or registered trustees
8.35 Eligibility of controlling trustees, other than Official Trustee or registered trustees 49 Ineligibility of certain persons to act as controlling trustee
8.4 Review by Tribunal of determination 50 Review by Tribunal of determination
8.45 Official Trustee to perform duties 51 Official Trustee to perform duties of controlling trustee
Division 3--Registered trustee ceasing to be trustee of an estate Division 3—Registered trustee ceasing to be trustee of an estate
8.5 Notice of removal of trustee of estate 52 Notice of removal of trustee of estate
8.55 Notice of finalisation of administration and entry on the Index 53 Notice of finalisation of administration
Part 9--Debt agreements Part 9—Debt agreements
9.01 Prescribed information to be supplied to the debtor 54 Prescribed information to be supplied to debtor
55 Presentation of debt agreement proposal
9.02 Qualifications for approval of application to be registered as debt agreement administrator 56 Qualifications for approval of application to be registered as debt agreement administrator
9.03 Prescribed amount of owed notified estate charges preventing renewal of registration 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 Part 10—Personal insolvency agreements
10.01 Modifications of Part X of the Act--joint debtors 58 Modifications of Part X of the Act—joint debtors
  Information to be given to debtor (Act ss 188(2AA) and (2AB)) 59 Information to be given to debtor about personal insolvency agreements
10.02 60 Signing authority by another person on behalf of debtor
10.03 Documents under section 188 of Act 61 Documents under section 188 of the Act
10.06 Controlling trustee to give Official Receiver copy of special resolution and certain particulars for the Index 62 Controlling trustee to give Official Receiver copy of special resolution and certain particulars
10.07 Modifications of Part VIII of the Act--controlling trustees and trustees of personal insolvency agreements 63 Modifications of Part VIII of the Act—controlling trustees and trustees of personal insolvency agreements
10.08 Modifications of Division 1 of Part V of the Act--debtors 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 whose property is subject to control under Division 2 of Part X of the Act
10.10 Notification of personal insolvency agreement 65 Notification of personal insolvency agreement
10.11 Sequestration order, or order terminating or setting aside a personal insolvency agreement--notice to Official Receiver (Act s 221, s 222 and s 222C) 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
10.12 Termination of personal insolvency agreement by trustee (Act s 222A) 68 Termination of personal insolvency agreement by trustee
10.13 Modifications of Parts V and VI of the Act--personal insolvency agreements 69 Modifications of Parts V and VI of the Act—personal insolvency agreements
10.14 Certificate relating to realisation of divisible property and non- availability of dividend 70 Certificate relating to realisation of divisible property and non- availability of dividend
Part 11--Administration of estates of deceased persons in bankruptcy Part 11—Administration of estates of deceased persons in bankruptcy
11.01 Statement of affairs and of administration of estate -  
11.01A Copy of petition etc to be given to Official Receiver 75, item 6 Documents that must be given to Official Receiver
11.01B Proof of statement of affairs 104  
11.02 Modifications of the Act--administration of estates of deceased persons 71 Modifications of the Act—administration of estates of deceased persons
Part 12--Unclaimed dividends or moneys Part 12—Unclaimed dividends or money
12.01 Statement where moneys are paid to the Commonwealth 72 Statement where money paid to the Commonwealth
Part 13--National Personal Insolvency Index Part 13—National Personal Insolvency Index
Division 1--Preliminary Division 1—General
13.01 Interpretation -  
13.02 Establishment and maintenance of the National Personal Insolvency Index 73 Establishment and maintenance of the National Personal Insolvency Index
-   74 Information in the Index
Division 2--Information to be entered on the Index Division 2—Information to be entered in the Index
    74 Information in the Index [*part of Division 1]
    75 Documents that must be given to Official Receiver
    76 Documents given to Official Receiver in accordance with the Act
13.03 What information is to be entered on the Index? 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
13.04 Application for certain information not to be on the Index 80 Application for information to be removed, corrected or not entered in the Index
13.05 Application to the AAT 81 Application to the Administrative Appeals Tribunal
-   75 Documents that must be given to Official Receiver
Division 2A--Removal of information from the Index -
13.05A Removal of information relating to debt agreement from the Index 82 Removal from the Index of information relating to debt agreement
13.05B Removal of information relating to debt agreement proposal from the Index 83 Removal from the Index of information relating to debt agreement proposal
Division 3--Miscellaneous Division 4—Other matters
13.06 Inspection of the Index 84 Inspection of the Index
13.07 Extract, etc of the Index to be admissible in evidence 85 Information extracted from the Index to be evidence
13.08 Immunity from defamation 86 Immunity from defamation
13.09 Access to the Index 73 Establishment and maintenance of the National Personal Insolvency Index
[*forms part of Division 1 of Part 13]
13.1 Information extracted from the Index to be evidence 85 Information extracted from the Index to be evidence
Part 14--Offences under the Act Part 14—Offences under the Act
Division 1--Offences Division 1—Arrest of person failing to attend before the Court etc.
14.01 Apprehension under a warrant--notification to Registrar in certain cases 87 Apprehension under a warrant—notification to Registrar in certain cases
14.02 Registrar to act on notification; direction to person executing warrant 88 Registrar to act on notification—direction to person executing warrant
Division 2--Infringement notices Division 2—Infringement notices
14.03 Purpose and effect of Division 89 Purpose and operation of this Division
96 Effect of this Division
14.04 Definitions -  
14.05 When infringement notices can be issued 90 When an infringement notice may be given
14.06 Contents of infringement notice 91 Matters to be included in an infringement notice
14.07 Method of serving infringement notices -  
14.08 Time for payment of infringement penalty 91 Matters to be included in an infringement notice
14.09 Extension of time to pay infringement penalty 92 Extension of time to pay amount
14.1 Withdrawal of infringement notice    
14.11 Notice of withdrawal of infringement notices 93 Withdrawal of an infringement notice
14.12 Refund of infringement penalty    
14.13 Effect of payment of infringement penalty 94 Effect of payment of amount
14.14 Payment of infringement penalty--cheques -  
14.15 Evidentiary certificates 95 Evidentiary certificates
Part 15A--Provisions relating to the Bankruptcy Charges Act Part 15—Provisions relating to the Bankruptcy (Estate Charges) Act 1997
-   97 Purpose of Part
15A.01 Interpretation -  
15A.02 Mode of payment 98 Mode of payment
15A.03 Overpayments to be refunded or offset 99 Overpayments to be refunded or offset
15A.04 Information to accompany payment of interest charge 100 Information to accompany payment of interest charge
15A.05 Information to accompany payment of realisations charge 101 Information to accompany payment of realisations charge
15A.07 Lodgment of request for remission -  
Part 16--Miscellaneous Part 16—Miscellaneous
Division 1--Provisions concerning documents (including inventories) Division 1—Matters relating to documents
16.01 Service of documents 102 Service of documents
16.02 Documents for the Inspector-General, the Official Receiver or the Official Trustee 103 Documents for Inspector-General, Official Receiver or Official Trustee
-   104 Proof of statement of affairs
16.03 Inventory by trustee taking possession of, or attaching, property 113 Inventory by trustee taking possession of, or attaching, property
[*part of Division 3 of Part 16 below]
16.03A Document filed by Inspector-General or Official Receiver--fee not payable 105 Document filed by Inspector-General or Official Receiver—fee not payable
Division 2--Matters relevant to fees Division 2—Matters relating to fees
16.06 Payment of fees 106 Payment of fees
16.07 Official Trustee’s entitlement to interim remuneration 107 Official Trustee’s entitlement to interim remuneration
16.08 Reimbursement of Official Trustee for expenses 108 Reimbursement of Official Trustee for expenses
16.09 Fees--notes and transcript of evidence 109 Fee for inspecting notes and transcript of evidence
-   110 Fee for making request for consent to leave Australia
16.11 Waiver or remission of fees by Inspector-General 111 Waiver or remission of fees by Inspector-General
16.12 Review by AAT of decision of Inspector-General 112 Review of decision of the Inspector-General
-   Division 3—Other matters
-   113 Inventory by trustee taking possession of, or attaching, property
[*corresponds with 1996 r16.03 above]
-   114 Indexation
Division 3--Transitional -  
16.13 Application of Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008 -  
16.14 Transitional provisions relating to the Bankruptcy -  
Amendment (National Personal Insolvency Index) Regulation 2015
16.15 Application provision relating to the Bankruptcy Amendment (Debt Agreement Reform) Regulations 2019 -  
- Part 17—Application, saving and transitional provisions
-   115 Things done under the Bankruptcy Regulations 1996
-   116 Taxable value of car fringe benefits
Schedules Schedules
Sch 1 Forms Sch 1 Forms
Sch 3 Paragraph 109(1)(a) of the Act--order of payment of first priority debts 25 Priority payments—order of payment of certain costs, charges, expenses and remuneration
[*no longer a Schedule to the Regs]
Sch 4 Modifications of the Fringe Benefits Tax Assessment Act 1986 Sch 2 Modifications of the FBTA Act
Sch 6 Modifications in relation to Part X of the Act Sch 3 Modifications in relation to Part X of the Act
Sch 7 Modifications under Part XI of the Act--administration of estates of deceased persons Sch 4 Modifications under Part XI of the Act—administration of estates of deceased persons
    75# Documents that must be given to Official Receiver
    76$ Documents given to Official Receiver in accordance with the Act
Sch 8 Information on the National Personal Insolvency Index 77& Documents given to Official Receiver in accordance with this instrument
    78^ Information about specified events
    # Section 75 lists s181A change of trustee, s185Q(4) termination of DA, s185U(1) voiding of DA, s188 CTA, s192 event, s244 petition+affidavit, s247 petition+SOA, s252 order annulling Part XI. s253E(1) order staying
    CP or DP proceedings
    $ Section 76 lists SOs, SOAs, DPs, annulments, objections, cease/withdraw/cancel objection, DAP, end of DA, end of CT control, PIA, PIA resolutions, termination or setting aside of PIA, Part XI order, Part XI SOA, Part XI annulment
    & Section 77 lists CP, s50 order, s46(2) decision of AAT re objection, s52(1) notice re appointment of new trustee, s52(3) notice of appointment of trustee, s53(1) notice of finalisation, s62(2) notice of
    resolution at MofC, SO post PIA, s222A termination of PIA, s232(1) certificate
    ^ Section 78 lists discharge date, name of trustee, release of trustee, DAP withdrawn, pre-1/7/07 proposal to terminate DA, DAP not accepted, OR cancellation of DAP, DAP lapsing, s185N certificate, acceptance of proposal to terminate DAP, OR termination of DA, pre-1/7/07 DA MofC resolution date, s188 resolution, SO post-PIA, PIA set aside, PIA termination s222A, PIA termination of PIA s222C, s232 certificate,
    finalisation of estate by OT, court order for change of trustee, appointment of OR by creditors

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