Bankruptcy Act 1966

PART XIV - OFFENCES  

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

264C(1)    

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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.

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History

S 264C(1) amended by No 61 of 2016, s 3 and Sch 1 item 59, by substituting " Imprisonment for 6 months or 10 penalty units " for " $1,000 or imprisonment for 6 months " in the penalty, effective 21 October 2016.

S 264C(1) amended by No 24 of 2001, s 3 and Sch 5 item 16, by omitting " , without reasonable excuse " after " Court, shall not " . For application provision, see note under s 7A.

S 264C(1) inserted by No 12 of 1980, s 155; amended by No 119 of 1987, s 94.

264C(1A)    

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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 ).

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History

S 264C(1A) inserted by No 24 of 2001, s 3 and Sch 5 item 17. For application provision, see note under s 7A.

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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History

S 264C(2) inserted by No 12 of 1980, s 155.

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