Commonwealth Consolidated Acts

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Arrest of person failing to attend before Official Receiver or authorised officer

             (1)  Subject to subsection (2), if a person who is required by a notice under subsection 77C(1) to attend before the Official Receiver or an authorised officer:

                     (a)  fails to attend as required by the notice; or

                     (b)  fails to appear and report from day to day, as required by the Official Receiver or authorised officer;

the Registrar, on proof by affidavit of the service of the notice, may issue a warrant for the arrest of the person.

             (2)  The Registrar must not issue a warrant under subsection (1) for the arrest of a person unless:

                     (a)  the Registrar is satisfied, on proof by affidavit, that the person was offered an advance in accordance with subsection 77E(1); or

                     (b)  both:

                              (i)  the person is or has been a bankrupt; and

                             (ii)  the person's attendance was required for the purpose of giving evidence or producing books relating to the person's bankruptcy.

             (3)  A warrant issued under subsection (1) authorises the arrest of the person and his or her being brought before the Registrar, and his or her detention in custody until he or she is released by order of the Registrar.

             (4)  A warrant issued under subsection (1) may be executed by a constable, and a constable executing the warrant has the power to break in and enter any premises for the purpose of executing the warrant.

             (5)  The Registrar may order a person arrested under this section to pay the costs of the arrest.

             (6)  The arrest of a person under this section does not relieve the person from any liability incurred because of his or her failure to attend before the Official Receiver or authorised officer.

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