BANKRUPTCY ACT 1966

PART XIV - OFFENCES  

SECTION 264C   REFUSAL TO BE SWORN OR GIVE EVIDENCE ETC.  

264C(1)  


A person appearing before the Court, the Registrar or a magistrate for the purpose of being examined under this Act, or appearing as a witness before the Court, shall not:


(a) refuse or fail to be sworn or to make an affirmation;


(b) refuse or fail to answer a question which he or she is required to answer by the Court, the Registrar or the magistrate, as the case may be; or


(c) refuse or fail to produce any books that he or she is required by the Court, the Registrar or the magistrate, as the case may be, or by a summons under this Act, to produce.

Penalty: Imprisonment for 6 months or 10 penalty units, or both.

264C(1A)  


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

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

264C(2)  
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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