Bankruptcy Act 1966

PART XIV - OFFENCES

SECTION 273 TRIAL OF OFFENCES CONSTITUTED BY REFUSAL, FAILURE OR OMISSION TO ACT

273(1)
This section applies to an offence against this Act, a physical element of which is:

(a) a refusal, failure or omission to act; or

(b) a contravention constituted by a refusal, failure or omission to act.

273(2)
A person may be charged with, and convicted of, the offence as if the place of the refusal, failure, omission or contravention were any of the following:

(a) the place where the person should have done the act;

(b) the person ' s usual place of residence at the time the act should have been done;

(c) the person ' s place of residence last known to the Official Receiver.

273(3)
Subsection (2) is subject to section 80 of the Constitution.

273(4)

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Subsection (2) does not apply to an offence against subsection 264A(1A) , 264C(1) or 267F(1) .

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History

S 273 substituted by No 113 of 2015, s 3 and Sch 1 item 16, applicable whether the refusal, failure, omission or contravention occurred before, on or after 18 August 2015. S 273 formerly read:

SECTION 273 TRIAL OF OFFENCES
273(1) [Generally]
Subject to this section, an offence against this Act, other than an offence that is punishable by a fine only, is punishable either on indictment or on summary conviction.

273(2) [Jurisdiction of subsec (1) offences]
Where proceedings for an offence that is punishable as provided by subsection (1) are brought in a court of summary jurisdiction, the court may either determine the proceedings or commit the defendant for trial, but shall not, if it determines the proceedings, impose a period of imprisonment exceeding 1 year in respect of the offence.

273(3) [Trial of offences punishable by fine]
Subject to subsection (4), an offence against this Act that is punishable by a fine only is punishable by a court of summary jurisdiction.

273(4) [Jurisdiction of Court]
The Federal Court has jurisdiction to try summarily any offence against this Act.
Note:

State and Territory courts are conferred jurisdiction by the Judiciary Act 1903 in relation to offences against this Act. The exercise by those courts of that jurisdiction does not involve the exercise of jurisdiction in bankruptcy conferred by this Act.

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History

S 273(4) amended by No 106 of 2009, s 3 and Sch 1 items 7 and 8, by inserting " Federal " after " The " and inserting the note at the end, effective 4 December 2009.

273(5) [Proceedings before the Court]
Where proceedings for an offence other than an offence that is punishable by a fine only are brought in the Federal Court, the Federal Court may either determine the proceedings or commit the defendant for trial before a court of competent jurisdiction, but shall not, if it determines the proceedings, impose a period of imprisonment exceeding 1 year in respect of the offence.
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History

S 273(5) amended by No 106 of 2009, s 3 and Sch 1 item 9, by substituting " Federal Court, the Federal Court " for " Court, the Court " effective 4 December 2009.

273(6) - (7)
(Omitted by No 44 of 1996, Sch 1, Pt 1(420).)

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