Bankruptcy Amendment Regulations 2002 (No. 1) (255 of 2002)

Schedule 1   Amendments

[32]   After regulation 16.13

insert

Subdivision 2.4 Waiver and remission

16.13A Waiver or remission of fees by Inspector-General

(1) Subject to subregulation (2), the Inspector-General may waive or remit the whole or part of any fee.

(2) A fee may only be waived or remitted, whether wholly or in part, if the Inspector-General is reasonably satisfied that:

(a) payment of the fee by the person liable to pay it has imposed, or would impose, undue hardship on the person; or

(b) because of other exceptional circumstances, it is proper and reasonable to do so.

(3) For paragraph (2) (a), undue hardship means hardship that is unusual and exceptional in comparison to the hardship arising in the normal course of bankruptcy.

(4) A decision under subregulation (1) must be notified in writing to:

(a) the person concerned; and

(b) except where the fee is payable to the Inspector-General - the officer to whom the fee is or, but for the waiver or remission, would be payable.

(5) In this regulation:

fee means a fee payable under a provision, other than regulation 16.04, of this Division.

16.13B Application to the AAT

A person who made an application for the waiver or remission of a fee and who is aggrieved by a decision under subregulation 16.13A (1) in respect of the application may apply to the Administrative Appeals Tribunal for review of the decision.