Schedule 1 Amendments
(regulation 3)
[1] Subregulation 1.03 (1), definition of 2006
Fees Determination
omit
[2] Subregulation 1.03 (1), after definition
of FC (Bankruptcy) Rules
insert
Fees and Remuneration Determination means
each determination made under subsection 316 (1) of the Act, as in
force from time to time.
[3] Regulation 4.01
substitute
4.01 Application for
bankruptcy notice
(1) Subject to subregulation (2), to apply for the issue
of a bankruptcy notice, a person must lodge with the Official Receiver:
(a) an application in the approved form; and
(b) 1 of the following documents in relation to
the final judgment or final order specified by the person on the approved form:
(i) a copy of the sealed or certified
judgment or order;
(ii) a certificate of the judgment or
order sealed by the court or signed by an officer of the court;
(iii) a copy of the entry of the
judgment or order certified as a true copy of that entry and sealed by the
court or signed by an officer of the court.
(2) If the final judgment or final order specified by
the person on the approved form is an award mentioned in paragraph
40 (3) (a) of the Act, the person must lodge with the Official
Receiver:
(a) an application in the approved form; and
(b) a copy of the award certified as a true copy
by the arbitrator who made the award or, failing the arbitrator, by an officer
of the Court after having compared the copy with the original award; and
(c) a sealed or certified copy of the order
giving leave to enforce the award.
Note 1 For bankruptcy notices, see regulation 4.02 and Form 1.
Note 2 A fee is payable to the Official Registrar for an
application under this regulation — see Fees and
Remuneration Determination.
[4] Regulation 4.02A,
note
substitute
Note 1 If paragraph (b) applies to a
bankruptcy notice, a fee is payable under the Fees and Remuneration
Determination.
Note 2 A bankruptcy notice may be served
by any of the methods mentioned in regulation 16.01.
[5] Subregulation 4.04 (3)
substitute
(3) For paragraph (2) (b), the conversion of
an amount of foreign currency into an equivalent amount of Australian currency
must be done in accordance with the telegraphic rate of exchange prevailing on
the second day before the day when the application to which the conversion
applies is lodged under subregulation 4.01 (1).
[6] Subregulation 4.05 (1)
substitute
(1) A creditor who presents a petition under Division 2
of Part IV of the Act must, within 2 working days after the petition is
endorsed by the Court, give an endorsed copy of the petition to the Official
Receiver.
[7] After subregulation 4.05 (2)
insert
(3) A creditor who presents a petition under Division 2
of Part IV of the Act must give a copy of any order, endorsed by the Court,
dismissing, staying or extending the petition, or adjourning the hearing of the
petition, to the Official Receiver within 2 working days after the Court
has endorsed the order.
[8] Subregulation 4.11 (3)
substitute
(3) The Official Receiver must not accept a declaration
of intention to present a debtor’s petition under section 54A of the Act
or a debtor’s petition under section 55, 56B or 57 of the Act unless the debtor
has given to the Official Receiver a signed acknowledgement (which may be
included in or appended to the petition) that the debtor has received and read
the prescribed information.
[9] Subregulation 4.11 (5)
substitute
(5) Subregulation (6) applies if a person (the intending
petitioner) intends to present a petition under Division 2 of Part IV
of the Act and the intending petitioner is:
(a) unable to read the relevant material, because
he or she is:
(i) blind, partially sighted,
illiterate or partially literate; or
(ii) insufficiently familiar with the
English language; or
(b) unable to sign the petition or the
acknowledgment, because of a physical incapacity.
(6) The petition and the acknowledgement may be signed
by another person, who must sign a statement:
(a) if subparagraph (5) (a) (i)
applies — that he or she has read the relevant material to the intending
petitioner; or
(b) if subparagraph (5) (a) (ii)
applies — that he or she has interpreted the relevant material to the
intending petitioner in a language with which both persons are familiar; or
(c) if paragraph (5) (b)
applies — that he or she believes that the intending petitioner has read
and understood the relevant material.
(7) In this regulation:
relevant material means the petition, the
prescribed information and the acknowledgment.
[10] Regulation 4.17, note
omit
2006 Fees Determination.
insert
Fees and Remuneration
Determination.
[11] Subregulation 6.12B (2)
substitute
(2) Contributions for a year are taken to be income of
a person if:
(a) the contributions exceed 9% of the
employee’s ordinary time earnings for the year; and
(b) the employer has an obligation to make the contributions
that arise under an individual industrial agreement; and
(c) the contributions are not contributions of
the kind mentioned in subparagraph (1) (b) (iii).
[12] Subregulation 6.12B (3),
definition of industrial agreement made solely between the employer and the
person
substitute
individual industrial agreement means an
industrial agreement made solely between the employer and the person, including
the following:
(a) an AWA, or an ITEA, to which the Fair Work (Transitional Provisions and Consequential
Amendments) Act 2009 applies;
(b) a
similar agreement under the law of a State or Territory.
[13] Subregulation 8.04A (1)
omit
Official Receiver
insert
Inspector‑General
[14] Paragraph 8.35 (1) (f)
substitute
(f) either:
(i) is not a full member of the
Insolvency Practitioners Association of Australia; or
(ii) has not satisfactorily completed a
course in insolvency approved by the Inspector‑General.
[15] Subregulations 9.01 (5) and (6)
substitute
(5) Subregulation (6) applies if a debtor intends to
present a debt agreement proposal and the debtor is:
(a) unable to read the relevant material,
because he or she is:
(i) blind, partially sighted,
illiterate or partially literate; or
(ii) insufficiently familiar with the
English language; or
(b) unable to sign the debt agreement proposal or
the acknowledgment, because of a physical incapacity.
(6) The debt agreement proposal and the acknowledgement
may be signed by another person, who must sign a statement:
(a) if subparagraph (5) (a) (i)
applies — that he or she has read the relevant material to the debtor; or
(b) if subparagraph (5) (a) (ii)
applies — that he or she has interpreted the relevant material to the
debtor in a language with which both persons are familiar; or
(c) if paragraph (5) (b)
applies — that he or she believes that the debtor has read and understood
the relevant material.
(7) In this regulation:
relevant material means the debt agreement
proposal, the prescribed information and the acknowledgment.
[16] Paragraph 9.02 (b)
substitute
(b) a degree, diploma or similar qualification
from an Australian university, college of advanced education or other
Australian tertiary institution that is of an equivalent or higher level to,
and contains the same or similar subject matter as, the qualification mentioned
in paragraph (a).
[17] Subregulations 10.02 (4) and (5)
substitute
(4) Subregulation (5) applies if a debtor intends to
sign an authority and the debtor is:
(a) unable to read the relevant material,
because he or she is:
(i) blind, partially sighted,
illiterate or partially literate; or
(ii) insufficiently familiar with the
English language; or
(b) unable to sign the authority or the
acknowledgment, because of a physical incapacity.
(5) The authority and the acknowledgement may be signed
by another person, who must sign a statement:
(a) if subparagraph (5) (a) (i)
applies — that he or she has read the relevant material to the debtor; or
(b) if subparagraph (5) (a) (ii)
applies — that he or she has interpreted the relevant material to the
debtor in a language with which both persons are familiar; or
(c) if paragraph (5) (b)
applies — that he or she believes that the debtor has read and understood
the relevant material.
(6) In this regulation:
relevant material means the authority, the
prescribed information and the acknowledgment.
[18] Subregulation 10.03 (2)
substitute
(2) The registered trustee or solicitor must, within 2
working days after consenting, give to the Official Receiver for the District
where the debtor resides a copy of the signed consent.
(3) The registered trustee or solicitor must, within 2
working days after a proposal for dealing with the debtor’s affairs under
Part X of the Act is finalised, give a copy of the proposal to:
(a) the Official Receiver for the District where
the debtor resides; and
(b) each creditor of the bankrupt of whom the
registered trustee or solicitor is aware.
[19] Paragraph 10.04 (aa)
omit
[20] After regulation 11.01
insert
11.01A Copy
of petition etc to be given to Official Receiver
(1) A person who presents a petition under
section 244 or 247 of the Act must, within 2 working days after the
petition is endorsed by the Court, give a copy of the petition to the Official
Receiver.
(2) The time within which, under subsection
244 (14) of the Act, a creditor must give to the Official Receiver a copy
of an order under subsection 244 (11) of the Act is 2 working days
after the order is endorsed by the Court.
11.01B Proof of statement of
affairs
(1) Subregulation (2) applies in any proceedings to
a document or copy of a document that purports to be a certificate signed by
the Inspector‑General stating that, at a particular point in time, the
form of statement of affairs that is attached to the certificate was the
approved form for section 6A of the Act.
(2) The document or copy:
(a) is proof, in the absence of evidence to the
contrary, of information that is stated in it; and
(b) may be tendered in evidence without further
proof.
[21] Paragraph 13.06 (2) (a)
omit
2006 Fees Determination
insert
Fees and Remuneration Determination
[22] Subregulation 13.06 (3)
omit
2006 Fees Determination
insert
Fees and Remuneration Determination
[23] Part 16, Division 2, note
omit
2006 Fees Determination.
insert
Fees and Remuneration
Determination.
[24] Subregulation 16.07 (1)
omit each mention of
2006 Fees Determination
insert
Fees and Remuneration Determination
[25] Subregulations 16.08 (1) and (2)
omit
2006 Fees Determination
insert
Fees and Remuneration Determination
[26] Paragraphs 16.11 (5) (b), (c) and (d)
substitute
(b) item 1, 2, 3, 4, 9, 13, 14 or 15 of the table
following clause 2.01 of the Fees and Remuneration Determination; or
(c) clause 2.02, 2.08 or 2.09 of the Fees and
Remuneration Determination.
[27] Schedule 3, paragraph 1A. (a)
omit
2006 Fees Determination
insert
Fees and Remuneration Determination
[28] After regulation 16.12
insert
Division 3 Transitional
16.13 Application of Same-Sex
Relationships (Equal Treatment in Commonwealth Laws — General Law Reform)
Act 2008
(1) The amendments made by items 20, 21,
22, 23, 29, 30 and 31 of Schedule 2 to the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—General Law
Reform) Act 2008 apply to a bankruptcy the date of which is on or after the
commencement of those amendments.
(2) The amendments made by items 25 to
28 of Schedule 2 to the Same-Sex Relationships
(Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008 apply to
a transfer of property that is made on or after the commencement of those
amendments.
(3) The
amendment made by item 16 of Schedule 2 to the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws — General
Law Reform) Act 2008 applies to an examinable period, within the meaning of
section 139CA of the Act, that begins on or after the commencement of that
amendment.
(4) For sections 265 and 268 of the
Act, the amendments made by items 11, 13, 18 and 19 of Schedule 2 to the Same-Sex
Relationships (Equal Treatment in
Commonwealth Laws — General Law Reform) Act 2008 applies to a disposition
of property that is made on or after the commencement of those amendments.
[29] Schedule 1, Form 1
substitute
