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
.
History
S 265A(1) amended by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 items 180 and 203, by omitting
"
, 77B
"
after
"
77A
"
, applicable to bankruptcies for which the date of the bankruptcy is after 5 May 2003. For additional provision on the commencement of No 131 of 2002, see note under s 33A.
S 265A(1) amended by No 24 of 2001, s 3 and Sch 5 item 22, by omitting
"
, without reasonable excuse,
"
after
"
shall not
"
. For application provision, see note under s 7A.
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
).
History
S 265A(1A) inserted by No 24 of 2001, s 3 and Sch 5 item 23. For application provision, see note under s 7A.
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.
History
S 265A(2) amended by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 items 181 and 203, by omitting
"
, 77B
"
after
"
77A
"
, applicable to bankruptcies for which the date of the bankruptcy is after 5 May 2003. For additional provision on the commencement of No 131 of 2002, see note under s 33A.
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.
History
S 265A(3) amended by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 items 182 and 203, by omitting
"
, 77B
"
after
"
77A
"
in para (a), applicable to bankruptcies for which the date of the bankruptcy is after 5 May 2003. For additional provision on the commencement of No 131 of 2002, see note under s 33A.
S 265A(3) amended by No 24 of 2001, s 3 and Sch 5 item 24, by omitting
"
, without reasonable excuse
"
after
"
shall not
"
. For application provision, see note under s 7A.
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
).
History
S 265A(3A) inserted by No 24 of 2001, s 3 and Sch 5 item 25. For application provision, see note under s 7A.
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.
History
S 265A inserted by No 119 of 1987, s 98(1); amended by No 9 of 1992, s 44.
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