BANKRUPTCY ACT 1966

PART XIV - OFFENCES  

SECTION 265A   OFFENCES RELATING TO EXERCISE OF POWERS UNDER SECTION 77A OR 130  

265A(1)   [Refusal or failure without reasonable excuse]  

A person shall not refuse or fail to comply with a requirement under section 77A or 130 .

265A(1A)   [Reasonable excuse]  

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 ).

265A(2)   [False or misleading statements]  

A person shall not, in purported compliance with a requirement under section 77A or 130, give information, or make a statement, that is, to the person ' s knowledge, false or misleading in a material particular.

265A(3)   [Obstructing or hindering]  

A person shall not:


(a) obstruct or hinder a person in the exercise of a power under section 77A; or


(b) obstruct or hinder a person who is executing a warrant issued under section 130.

265A(3A)   [Reasonable excuse]  

Subsection (3) does not apply if the person has a reasonable excuse.

Note:

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

265A(4)   [Duties of occupier]  

The occupier, or person in charge, of premises that a person enters under a warrant issued under section 130 shall provide to the last-mentioned person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.

Penalty: Imprisonment for 12 months.


 

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