Commonwealth Consolidated Acts

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BANKRUPTCY ACT 1966 - SECT 316

Legislative instruments determining fees

  (1)   The Minister may make legislative instruments determining the amounts of one or more of the following:

  (a)   fees for the purposes of one or more of subsections   54(4), 55(9), 56G(2) and 57(11), subparagraph   77C(3)(b)(iii), subsection   163A(2), paragraphs 186B(2)(c) and 186D(1)(b) and subsections   188B(3), 226(3) and (4), 246(5), and subsection   20 - 5(3), paragraph   20 - 30(1)(c) and subsection   20 - 70(3) of Schedule   2 (as they apply of their own force or as they apply because of another provision);

  (b)   other fees relating to one or more of the following:

  (i)   proceedings under this Act;

  (ii)   inspection of material entered in the National Personal Insolvency Index;

  (iii)   obtaining extracts of material entered in the National Personal Insolvency Index;

  (iv)   inspection and copying of documents given to Official Receivers;

  (v)   the making of other requests or applications under this Act or the presentation or lodgment of other documents under this Act;

  (c)   remuneration of the Official Trustee.

  (2)   Fees determined must not be such as to amount to taxation.

  This Subdivision   enables the recovery of superannuation contributions made to defeat the bankrupt's creditors.

  There are 2 types of recoverable contributions:

  (a)   contributions made by a person who later becomes a bankrupt (see section   128B);

  (b)   contributions made by a third party for the benefit of a person who later becomes a bankrupt (see section   128C).

  Superannuation accounts may be frozen for up to 180 days pending the taking of recovery action under section   139ZQ or 139ZU.


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