Bankrupts receiving over a certain income must pay contributions to their trustee. Income includes wages, fees, commission, and the value of fringe benefits (for example, the provision of a motor vehicle or school fees for the bankrupt's children). The contribution is half the bankrupt's income above the threshold. The threshold amount is adjusted to take into account the number of dependents, income tax and child support payments. It is adjusted twice a year in line with movements in the pension rate and is set out on the website of the Australian Financial Security Authority (formerly ITSA). If the bankrupt suffers hardship the contributions may be varied upon a written application [Bankruptcy Act 1966 s 139T].
If a bankrupt does not pay the contributions the trustee can demand payment from a person who owes money or property to the bankrupt (for example, the bankrupt's employer or bank) [s 139ZL]. A person can be gaoled for failing to comply with a demand [s 139ZO]. The trustee can also recover the amount not paid as a debt by taking action against the person in court even after they have been discharged from bankruptcy [s 139ZL(10)].
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