Bankruptcy Regulations 1996

PART 16 - MISCELLANEOUS  

Division 2 - Matters relevant to fees  

Note: Divisions 2 and 3 of Part 16 of the Regulations formerly provided for the fees in relation to the Act (including remuneration of the Official Trustee). As a result of the amendment of the Act by the Bankruptcy Legislation Amendment (Fees and Charges) Act 2006 , the remuneration of the Official Trustee and fees in relation to the Act are now set out in the Fees and Remuneration Determination.

REGULATION 16.11   WAIVER OR REMISSION OF FEES BY INSPECTOR-GENERAL  

16.11(1)    
Subject to subregulation (2), the Inspector-General may waive or remit the whole or part of any fee.

16.11(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.

16.11(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.

16.11(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.

16.11(5)    


In this regulation:

fee
means a fee payable under:


(a) regulation 16.09 ; or


(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, 2.03, 2.08 or 2.09 of the Fees and Remuneration Determination.





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