BANKRUPTCY ACT 1966

PART XIV - OFFENCES  

SECTION 264E   OFFENCES IN RELATION TO REGISTRAR OR MAGISTRATE CONDUCTING AN EXAMINATION  

264E(1)  


A person shall not:


(a) insult or disturb a Registrar or magistrate before whom an examination under this Act is being held;


(b) interrupt an examination under this Act before a Registrar or magistrate;


(c) create a disturbance, or take part in creating or continuing a disturbance, in or near a place where an examination under this Act is being held before a Registrar or magistrate;


(d) use insulting or threatening language towards a Registrar or magistrate before whom an examination under this Act is being held; or


(e) by writing or speech use words calculated:


(i) to influence improperly a Registrar or magistrate before whom an examination under this Act is being held; or

(ii) to bring a Registrar or magistrate before whom an examination under this Act is being held into disrepute.

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

264E(2)  


For the purposes of an offence against subsection (1), strict liability applies to the following physical elements of circumstance of the offence:


(a) that the Registrar or magistrate is a Registrar or magistrate before whom an examination under this Act is being held;


(b) that the examination is an examination under this Act being held before a Registrar or magistrate.

Note:

For strict liability , see section 6.1 of the Criminal Code .




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