This Digest is prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments.
This Digest was available from 18 October 1996.
Bankruptcy (Registration Charges) Bill 1996
Date Introduced: 9 October 1996
Commencement: On commencement of the related
Bankruptcy (Estate Charges)
Act 1996 (being by Proclamation of that Act, or 6 months after
receiving the Royal Assent, whichever date comes first).
To impose registration charges for trustees registered under the
Bankruptcy Act 1966.
This Bill is one of a package of 3 Bills which follow a separate
major Bill passed by the Parliament on 10 October 1996 dealing with
reform in the administration of bankruptcy in Australia.
On 26 June 1996, the Bankruptcy Legislation Amendment Bill 1996
was introduced into the House of Representatives. The Bill passed
both Houses on 10 October 1996. The Bankruptcy Legislation
Amendment Bill 1996 is a significant piece of legislation which
includes major changes to the administration of bankruptcy, in that
a number of functions now performed by the Federal Court will
become the responsibility of the Insolvency and Trustee Service
Australia (ITSA). ITSA is a Division of the Attorney-General's
Department and the aim of the major changes is to create a
One Stop Shop thus streamlining procedures and
offering convenience for those who have need of the bankruptcy
This current package of Bills comprises:
- Bankruptcy Amendment Bill 1996
- Bankruptcy (Estate Charges) Bill 1996
- Bankruptcy (Registration Charges) Bill 1996
At present, registration charges for trustees are levied under
the Bankruptcy Rules. With the expected introduction of the major
reforms in the administration of bankruptcy, these registration
fees will now be levied under this Bill and by Regulations made
under the Bankruptcy Act 1966.
The registration of a trustee may be subject to conditions (eg.
such as a bond) and may be extended. Registration is valid for a
period of 3 years. A trustee in bankruptcy is invariably an
Clause 4 imposes a fee of $1,500 as a charge
payable to the Commonwealth for an application by a person for
registration as a trustee (an application fee).
Clause 5 imposes a fee of $1,000 as a charge
payable to the Commonwealth for registration as a trustee (a
[Digest Comment: The combination of Clauses 4 and 5 means
that a first time applicant pays a total of $2,500 for
Clause 6 imposes a fee of $1,000 as a charge
payable to the Commonwealth for extension of registration as a
trustee (extension of registration fee).
Clause 7 imposes a fee of $500 as a charge
payable to the Commonwealth for variation to the conditions
attaching to the registration of a trustee (variation of conditions
Brendan Bailey Ph. 06 277 2434
17 October 1996
Bills Digest Service
Parliamentary Research Service
This Digest does not have any official legal status. Other
sources should be consulted to determine whether the Bill has been
enacted and, if so, whether the subsequent Act reflects further
PRS staff are available to discuss the paper's contents
with Senators and Members and their staff but not with members of
© Commonwealth of Australia 1996
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Published by the Department of the Parliamentary Library,
This page was prepared by the Parliamentary Library,
Commonwealth of Australia
Last updated: 18 October 1996
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