Document ID: chunk:federal_register_of_legislation:C2025C00167:section:305
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 305
Character Range: 851847–854173

305  Payment of expenses by Commonwealth
 (1) Where the Minister, upon the application of the trustee of the estate of a bankrupt, the trustee under Part X in relation to a debtor or the trustee of the estate of a deceased person that is being administered under Part XI of this Act, is satisfied:
 (a) that proceedings relating to:
 (i) the estate of the bankrupt, the debtor or the deceased person; or
 (ii) any of the examinable affairs of the bankrupt, the debtor or the deceased person;
   should be instituted, continued or defended; or
 (aa) that the trustee should appear and participate in proceedings before the Administrative Review Tribunal reviewing a decision or determination by the trustee, or reviewing a decision of the Inspector‑General on a review of such a decision or determination; or
 (b) that inquiries should be made concerning:
 (i) the estate of the bankrupt, the debtor or the deceased person; or
 (ii) any of the examinable affairs of the bankrupt, the debtor or the deceased person;
and is also satisfied that the moneys in the estate of the bankrupt, the debtor or the deceased person, as the case may be, are, or may be, insufficient to meet the cost of the proceedings or inquiries, the Minister may, by instrument in writing, direct that the cost of the proceedings or inquiries (including any costs that may be awarded against the trustee), or such part of the cost of the proceedings or inquiries (including any costs that may be awarded against the trustee) as is specified in the direction, be paid by the Commonwealth and, in that case, the cost or that part of the cost, as the case may be, shall be paid accordingly out of moneys available under an appropriation made by the Parliament.
 (2) A direction made by the Minister under subsection (1) may be subject to such conditions (including conditions as to the taxation of all or any costs and the reimbursement of the Commonwealth, in whole or in part, by the estate of the bankrupt, the debtor or the deceased person, as the case may be) as the Minister thinks fit.
 (3) The Minister may, by instrument in writing, revoke or vary a direction made by him or her under subsection (1).
 (4) In this section:
estate, in relation to a personal insolvency agreement under Part X, means the property and income subject to the agreement.