BANKRUPTCY ACT 1966

PART XIV - OFFENCES  

SECTION 264A   FAILURE OF PERSON TO ATTEND BEFORE THE COURT ETC.  

264A(1)   [Section applies to a person who is served with a summons etc]  

This section applies to a person who:


(a) is served, whether before or after the commencement of this subsection, with a summons under this Act to attend for examination under a provision of this Act (other than section 81 ), or to appear as a witness before the Court, and is tendered a reasonable sum for expenses; or


(b) is not a relevant person within the meaning of section 81 but is served, whether before or after the commencement of this section, with a summons to attend for examination under that section and is tendered a reasonable sum for expenses; or


(c) is a relevant person within the meaning of section 81 and is served, on or after the commencement of this section, with a summons to attend for examination under that section.

264A(1A)   [Penalty]  

A person to whom this section applies must not, after the commencement of this section:


(a) fail to attend as required by the summons served on the person; or


(b) fail to appear and report from day to day, unless excused or released from further attendance by the Court, the Registrar or the magistrate, as the case may be.

Penalty: Imprisonment for 6 months.

264A(1B)   [Reasonable excuse]  

Subsection (1A) does not apply if the person has a reasonable excuse.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (1B) (see subsection 13.3(3) of the Criminal Code ).

264A(2)   [Contempt of court]  

Nothing in this section limits the power of the Court to punish persons for contempt of court, but a person shall not be punished under this section and for contempt of court in respect of the same act or omission.




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