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FEDERAL MAGISTRATES COURT (BANKRUPTCY) RULES 2006 (SLI NO 1 OF 2006) - REG 12.02

Apprehension of person failing to attend Court (Bankruptcy Act s 264B (1))

         (1)   A warrant for the apprehension of a person who fails to comply with a summons must be in accordance with Form 17.

         (2)   The Court or a Registrar may order that the warrant be kept in the Registry:

                (a)    for a stated time; and

               (b)    on any conditions that the Court or Registrar considers appropriate.

         (3)   If a person is arrested under the warrant, the person who carried out the arrest must immediately give notice of the arrest to a Registrar in the Registry from which the warrant was issued.

Note    For the procedure to be followed if a person is apprehended under a warrant and it is not practicable to bring the person before the Court or a Registrar on the day the person is apprehended, see Part 14 of the Bankruptcy Regulations.



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