{"id":"F2015L00678","name":"Bankruptcy (Estate Charges) (Amount of Charge Payable) Determination 2015","slug":"bankruptcy-estate-charges-amount-of-charge-payable-determination-2015","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":93349,"registerId":"commonwealth-F2015L00678-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Bankruptcy (Estate Charges) (Amount of Charge Payable) Determination 2015","content":"![Commonwealth Coat of Arms](image.001.png)\n\nBankruptcy (Estate Charges) (Amount of Charge Payable) Determination 2015\n\nBankruptcy (Estate Charges) Act 1997\n\nI, GEORGE BRANDIS, Attorney-General, make this Determination under subsection 7(2) of the Bankruptcy (Estate Charges) Act 1997.\n\nDated 30 April 2015\n\nGEORGE BRANDIS QC\n\nAttorney-General\n\n1 Name of Determination\n\nThis Determination is the Bankruptcy (Estate Charges) (Amount of Charge Payable) Determination 2015.\n\n2 Commencement\n\nThis Determination commences on 1 July 2015.\n\n3 Repeal\n\nThe Bankruptcy (Estate Charges) (Amount of Charge Payable) Determination 2014 is repealed.\n\n4 Amount of charge payable\n\nFor subsection 7(2) of the Bankruptcy (Estate Charges) Act 1997, the percentage is 7.0%.\n\n> Note\n\n> Note: 1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the narrow function intended by the enabling Act (Bankruptcy (Estate Charges) Act 1997): setting the annual percentage rate for estate charges. It has not expanded beyond this specific purpose."},"complexity_factors":["Extremely short instrument (4 operative sections plus notes)","Only one substantive provision (section 4) containing a single percentage figure","No defined terms requiring interpretation","No cross-references to other legislation beyond the enabling Act citation","No conditional logic, exceptions, or nested provisions","Straightforward repeal of previous year's determination"],"plain_english_summary":"This is a short legal instrument that sets the fee rate for administering bankrupt estates in Australia.\n\n**What it does:**\n- Sets the **estate charge** at **7.0%** for bankrupt estates administered by the government (specifically, the Official Trustee in Bankruptcy).\n\n**Who it affects:**\n- **People who are bankrupt** — a percentage of their recovered assets goes to the government as an administration fee.\n- **Creditors** — the charge reduces the amount available to pay back debts.\n\n**Why it matters:**\nWhen someone becomes bankrupt, any money or assets recovered by the Official Trustee are used to pay debts. But the government takes a cut to cover the costs of managing the bankruptcy. This Determination fixes that cut at 7% of the money recovered. It replaces the previous year's rate (set in 2014) and took effect on 1 July 2015.\n\n**Key point:** This is essentially a fee-setting document — it doesn't change who pays or how bankruptcies work, just the percentage charged for the service."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This Determination maintains the same statutory role — it sets the percentage required by subsection 7(2) of the Bankruptcy (Estate Charges) Act 1997 — and replaces the previous year's Determination. It does not alter which persons or estates are subject to the charge or change the underlying statutory framework; it only specifies the numeric rate (sections 2–4)."},"complexity_factors":["Single substantive provision: sets one numeric parameter (section 4).","Cross-reference to external statute (subsection 7(2) of the Bankruptcy (Estate Charges) Act 1997) creates dependency on that Act for substantive meaning (section 4).","Simple legal formality: includes name, commencement and repeal clauses (sections 1–3).","Low procedural complexity: no multi-step rules, exceptions, or schedules to interpret (entire instrument).","Operational impact depends on how subsection 7(2) of the Act operates; understanding full effect requires consulting that Act (section 4)."],"plain_english_summary":"# What this Determination does\n\n- This instrument sets a single numeric rate used by subsection 7(2) of the Bankruptcy (Estate Charges) Act 1997: the percentage is 7.0% (section 4). It takes effect on 1 July 2015 (section 2) and repeals the 2014 Determination (section 3).\n\n- The Determination was made by the Attorney‑General and is formally titled the Bankruptcy (Estate Charges) (Amount of Charge Payable) Determination 2015 (section 1 and the instrument heading). The Attorney‑General’s name and date of making appear on the instrument.\n\nWho this affects and how it operates\n\n- Who is affected: anyone or any estate to which subsection 7(2) of the Bankruptcy (Estate Charges) Act 1997 applies. The Determination does not redefine who is covered; it supplies the percentage that subsection 7(2) uses to calculate the charge (section 4). The instrument itself does not spell out the substantive application of subsection 7(2); it only provides the numeric rate.\n\n- What changes mechanically: where subsection 7(2) requires a percentage to be set by determination, this instrument fixes that percentage at 7.0%. That percentage is the single parameter changed by this instrument (section 4).\n\nImplementation, incentives and effects to note\n\n- Who decides: the Attorney‑General made the determination (instrument heading). The Determination is the mechanism by which that decision is expressed.\n\n- Who pays and budgetary effect: the instrument sets the rate used to calculate a charge under subsection 7(2). Increasing or decreasing that rate changes the amount taken under the statutory charge from the relevant estate(s). The Determination does not itself allocate receipts or describe downstream distribution; it only sets the percentage (section 4).\n\n- Compliance and administrative burden: administratively, bodies or officers required to calculate the charge under subsection 7(2) will apply a 7.0% rate from 1 July 2015. The instrument’s effect is operationally simple: apply the stated percentage when the Act calls for it (sections 2 and 4).\n\n- Discretion and legal scope: the Determination exercises delegated decision‑making power under subsection 7(2) of the Act by setting the numeric rate. It does not create new discretionary rules or substantive qualifications; it is a numeric specification for an existing statutory formula (section 4).\n\nWhat the instrument does not do (based on its text)\n\n- The Determination does not explain the policy rationale for the chosen percentage, alter the text of the Bankruptcy (Estate Charges) Act 1997, or change who is captured by the Act. It only sets the percentage value, states commencement, and repeals the earlier year's Determination (sections 2–4)."}},"importantCases":[],"_links":{"self":"/api/acts/bankruptcy-estate-charges-amount-of-charge-payable-determination-2015","history":"/api/acts/bankruptcy-estate-charges-amount-of-charge-payable-determination-2015/history","analysis":"/api/acts/bankruptcy-estate-charges-amount-of-charge-payable-determination-2015/analysis","conflicts":"/api/acts/bankruptcy-estate-charges-amount-of-charge-payable-determination-2015/conflicts","importantCases":"/api/acts/bankruptcy-estate-charges-amount-of-charge-payable-determination-2015/important-cases","documents":"/api/acts/bankruptcy-estate-charges-amount-of-charge-payable-determination-2015/documents"}}