Bankruptcy Amendment (Rules of Court) Regulation 2016
I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.
Peter Cosgrove
Governor‑General
By His Excellency’s Command
George Brandis QC
Attorney‑General
This is the Bankruptcy Amendment (Rules of Court) Regulation 2016.
(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Note: This table relates only to the provisions of this instrument as originally made.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.
This instrument is made under the Bankruptcy Act 1966.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
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))”.