Bankruptcy Amendment (Rules of Court) Regulation 2016

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), GovernorGeneral of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.

Dated 24 March 2016

Peter Cosgrove

GovernorGeneral

By His Excellency’s Command

George Brandis QC

AttorneyGeneral

 

 

 

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Bankruptcy Regulations 1996

1  Name

  This is the Bankruptcy Amendment (Rules of Court) Regulation 2016.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 to 4 and anything in this instrument not elsewhere covered by this table

The day after this instrument is registered.

31 March 2016

2.  Schedule 1

The later of:

(a) the day after this instrument is registered; and

(b) 1 April 2016.

1 April 2016

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Bankruptcy Act 1966.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

 

Bankruptcy Regulations 1996

1  Subregulation 1.03(1) (definition of FC (Bankruptcy) Rules)

Omit “Federal Court (Bankruptcy) Rules 2005”, substitute “Federal Court (Bankruptcy) Rules 2016”.

2  Subregulation 1.03(1) (definition of FCC (Bankruptcy) Rules)

Omit “Federal Circuit Court (Bankruptcy) Rules 2006”, substitute “Federal Circuit Court (Bankruptcy) Rules 2016”.

3  Schedule 8 (table item 15, column headed “Person who must give the document to the Official Receiver”)

Omit “7.05”, substitute “7.04”.

4  Schedule 8 (table item 15, column headed Period within which the document must be provided to the Official Receiver”)

Omit “2 days (Rule 7.05”, substitute “2 days after the order is entered (Rule 7.04”.

5  Schedule 8 (table item 22C, column headed “Period within which the document must be provided to the Official Receiver”)

Omit “2 days after order made”, substitute “2 days after the order is entered”.

6  Schedule 8 (table item 23, column headed “Period within which the document must be provided to the Official Receiver”)

Omit “2 days”, substitute “2 days after the order is entered”.

7  Schedule 8 (table item 26, column headed “Period within which the document must be provided to the Official Receiver”)

Omit “2 days”, substitute “2 days after the order is made”.

8  Schedule 8 (table item 27, column headed “Period within which the document must be provided to the Official Receiver”)

Omit “2 days”, substitute “2 days after the order is made”.

9  Schedule 8 (table item 28A, column headed “Period within which the document must be provided to the Official Receiver”)

Omit “2 days”, substitute “2 days after the order is made”.

10  Schedule 8 (table item 28C, column headed “Period within which the document must be provided to the Official Receiver”)

Omit “2 days (Rule 10.05 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules)”, substitute “2 days after the order is made (regulation 10.11)”.

11  Schedule 8 (table item 30, column headed “Period within which the document must be provided to the Official Receiver”)

Omit “2 days (Rule 11.04 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules)”, substitute “2 days beginning on the day the order is made (subsection 244(14))”.

12  Schedule 8 (table item 32, column headed “Person who must give the document to the Official Receiver”)

Omit “(Rule 11.04 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules)”, substitute “(subsection 247(3))”.

13  Schedule 8 (table item 32, column headed “Period within which the document must be provided to the Official Receiver”)

Omit “2 days (Rule 11.04 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules)”, substitute “2 days beginning on the day the order is made (subsection 247(3))”.