Commonwealth Numbered Acts

BANKRUPTCY AMENDMENT ACT 1980 No. 12 of 1980 - SECT 155

155. After section 264 of the Principal Act the following sections are
inserted:



"264A. (1) A person who-

   (a)  is served, whether before or after the commencement of this section,
        with a summons under this Act to attend for examination under section
        50 or 81, or to appear as a witness before the Court, and is tendered
        a reasonable sum for expenses; or

   (b)  is served, whether before or after the commencement of this section,
        with a summons under this Act to attend for examination under section
        69, shall not, after the commencement of this section, without
        reasonable excuse-

   (c)  fail to attend as required by the summons; or

   (d)  fail to appear and report himself from day to day unless excused or
        released from further attendance by the Court, the Registrar or the
        magistrate, as the case may be. Penalty: $1,000 or imprisonment for 6
        months, or both.



"(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. Arrest of
person failing to attend before the Court, &c.

"264B. (1) Subject to sub-section (2), where a person who is served, whether
before or after the commencement of this section, with a summons referred to
in sub-section 264A (1)-

   (a)  fails to attend before the Court, the Registrar or the magistrate, as
        the case may be, as required by the summons; or

   (b)  fails to appear and report himself from day to day as required by the
        Court, the Registrar or magistrate, as the case may be, the Court, the
        Registrar or the magistrate, as the case may be, may, on proof by
        affidavit of the service of the summons, issue a warrant for the
        apprehension of the person.



"(2) The Court, the Registrar or the magistrate shall not issue a warrant
under sub-section (1) for the apprehension of a person who has failed to
attend for examination under section 50 or 81, or to appear as a witness
before the Court, as required by a summons under this Act unless the Court,
the Registrar or the magistrate, as the case may be, is satisfied, on proof by
affidavit, that the person was tendered a reasonable sum for expenses.



"(3) A warrant issued under sub-section (1) authorizes the apprehension of the
person and his being brought before the Court, the Registrar or the
magistrate, as the case may be, and his detention in custody until he is
released by order of the Court, the Registrar or the magistrate, as the case
may be.



"(4) A warrant issued under sub-section (1) may be executed by a constable and
a constable executing the warrant has the power to break and enter any place
or building for the purpose of executing the warrant.



"(5) The Court, the Registrar or the magistrate, as the case may be, may order
a person apprehended under this section to pay the costs of the apprehension.



"(6) The apprehension of a person under this section does not relieve him from
any liability incurred by him by reason of his failure to attend before the
Court, the Registrar or the magistrate, as the case may be. Refusal to be
sworn or give evidence, &c.

"264C. (1) A person appearing before the Court, the Registrar or a magistrate
for the purpose of being examined under section 50, 69 or 81, or appearing as
a witness before the Court, shall not, without reasonable excuse-

   (a)  refuse or fail to be sworn or to make an affirmation;

   (b)  refuse or fail to answer a question which he 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 is require by the Court,
        the Registrar or the magistrate, as the case may be, or by a summons
        under this Act, to produce. Penalty: $1,000 or imprisonment for 6
        months, or both.



"(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.
Prevarication or evasion in the course of examination under section 50, 69 or
81

"264D. (1) Where a person who is being examined before the Court, the
Registrar or a magistrate under section 50, 69 or 81 is guilty of
prevarication or evasion, the person commits an offence punishable upon
conviction by a fine not exceeding $1,000 or imprisonment for 6 months, or
both.



"(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 conduct. Offences in relation
to Registrar or magistrate conducting examination under section 50, 69 or 81

"264E. A person shall not-

   (a)  insult or disturb a Registrar or magistrate before whom an examination
        under section 50, 69 or 81 is being held;

   (b)  interrupt an examination under section 50, 69 or 81 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 section 50,
        69 or 81 is being held before a Registrar or magistrate;

   (d)  use insulting or threatening language towards a Registrar or
        magistrate before whom an examination under section 50, 69 or 81 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 section 50, 69 or 81 is being held; or

        (ii)   to bring a Registrar or magistrate before whom an examination
               under section 50, 69 or 81 is being held into disrepute.
               Penalty: $1,000 or imprisonment for 6 months, or both.".