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BANKRUPTCY ACT 1966 - SECT 264E

Offences in relation to Registrar or magistrate conducting an examination

             (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.

             (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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