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COMMONWEALTHAct
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s 315

Regulations

In force
Part XVIMiscellaneous

315 Regulations

(1)

The Governor‑General may make regulations prescribing matters:

(a)

required or permitted by this Act to be prescribed; or

(b)

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2)

In particular, the regulations may:

(a)

provide for the establishment, maintenance, correction and inspection of the National Personal Insolvency Index; and

(b)

specify matters that must be, or may be, entered in the Index; and

(c)

provide for the obtaining of extracts of material entered in the Index; and

(d)

provide for the use of extracts of material entered in the Index in evidence in proceedings under this Act and other laws of the Commonwealth or of a State or Territory; and

(e)

provide for immunity from actions for defamation arising out of publication of material in the Index or publication of extracts of material from the Index; and

(f)

provide for information and documents to be given to persons for entry in the Index; and

(g)

provide for the means of service of documents; and

(h)

provide for the publication of notice of specified events; and

(j)

provide for the charging and payment of fees, but not the setting of amounts of fees other than fees mentioned in paragraph 81(17)(b), in relation to:

(i)

proceedings under this Act; and

(ii)

inspection of material entered in the Index or the Register of Trustees; and

(iii)

obtaining extracts of material entered in the Index or the Register of Trustees; and

(iv)

inspection and copying of documents given to Official Receivers; and

(v)

the making of other requests or applications under this Act or the presentation or lodgment of other documents under this Act; and

(k)

prescribe penalties not exceeding 50 penalty units for offences against the regulations; and

(l)

provide for a person who is alleged to have committed an offence against the regulations to pay a penalty to the Commonwealth as an alternative to prosecution (being a penalty not exceeding one‑fifth of the maximum fine that a court could impose on the person for that offence).

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