Tasmanian Consolidated Acts

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CRIMINAL CODE 1924 - SECT 293

   Crimes by insolvents
An insolvent shall, in each of the cases following, be guilty of a crime:
(a) If he does not, to the best of his knowledge and belief, fully and truly discover to the trustee all his property, real and personal, and how and to whom, and for what consideration and when, he disposed of any part thereof, except such part as has been disposed of in the ordinary way of his trade, if any, or laid out in the ordinary expense of his family, unless he proves that he had no intent to defraud.
Charge:  Being an insolvent, failing to make full discovery of property;
(b) If he does not deliver up to the trustee, or as he directs, all such part of his real and personal property as is in his custody or under his control, and which he is required by law to deliver up, unless he proves that he had no intent to defraud.
Charge:  Being an insolvent, failing to deliver up property;
(c) If he does not deliver up to the trustee, or as he directs, all books, documents, papers, and writings in his custody or under his control relating to his property or affairs, unless he proves that he had no intent to defraud.
Charge:  Being an insolvent, failing to deliver up documents;
(d) If, after the presentation of a bankruptcy petition by or against him, or within 6 months next before such presentation, he conceals any part of his property, to the value of $20 or upwards, or conceals any debt due to or from him, unless he proves that he had no intent to defraud.
Charge:  Being an insolvent, concealing property [ or liabilities];
(e) If, after the presentation of a bankruptcy petition by or against him, or within 6 months next before such presentation, he fraudulently removes any part of his property to the value of $20 or upwards.
Charge:  Being an insolvent, fraudulently removing property;
(f) If he makes any material omission in any statement relating to his affairs, unless he proves that he had no intent to defraud.
Charge:  Being an insolvent, making fraudulent statement of affairs;
(g) If, knowing or believing that a false debt has been proved by any person under the insolvency, he fails for the period of a month to inform the trustee thereof.
Charge:  Being an insolvent, failing to inform trustee of false claim;
(h) If, after the presentation of a bankruptcy petition by or against him, he prevents the production of any book, document, paper, or writing affecting or relating to his property or affairs, unless he proves that he had no intent to conceal the state of his affairs or to defeat the law.
Charge:  Being an insolvent, preventing production of documents;
(i) If, after the presentation of a bankruptcy petition by or against him, or within 6 months next before such presentation, he conceals, destroys, parts with, mutilates, alters, makes any omission in, or otherwise falsifies, or is privy to the concealment, destruction, parting with, mutilation, alteration, omission in, or falsification of any book or document affecting or relating to his property or affairs, unless he proves that he had no intent to conceal the state of his affairs or to defeat the law.
Charge:  Being an insolvent, fraudulently dealing with documents;
(j) If, after the presentation of a bankruptcy petition by or against him, or within 6 months next before such presentation, he makes or is privy to the making of any false entry in any book or document affecting or relating to his property or affairs, unless he proves that he had no intent to conceal the state of his affairs, or to defeat the law.
Charge:  Being an insolvent, making a false entry;
(k) If, after the presentation of a bankruptcy petition by or against him, or at any meeting of his creditors within 6 months next before such presentation, he attempts to account for any part of his property by alleging fictitious losses or expenses.
Charge:  Being an insolvent, alleging fictitious losses [ or expenses];
(l) If, within 6 months next before the presentation of a bankruptcy petition by or against him, he, by any false representation or other fraud, has obtained any property on credit and has not paid for the same.
Charge:  Being an insolvent, obtaining credit by fraud;
(m) If, within 6 months next before the presentation of a bankruptcy petition by or against him, he obtained under the false pretence of carrying on business, and, if a trader, of dealing in the ordinary way of his trade, any property on credit and has not paid for the same, unless he proves that he had no intent to defraud.
Charge:  Being an insolvent, obtaining credit by false pretence;
(n) If, within 6 months next before the presentation of a bankruptcy petition by or against him, he pawns, pledges, or disposes of any property which he has obtained on credit and has not paid for, unless, in the case of a trader, such pawning, pledging, or disposing is in the ordinary way of his trade, and unless in any case he proves that he had no intent to defraud.
Charge:  Being an insolvent, fraudulently disposing of property obtained on credit;
(o) If he is guilty of any false representation or other fraud for the purpose of obtaining the consent of his creditors or any of them to an agreement with reference to his affairs or to his insolvency.
Charge:  Being an insolvent, fraudulently misleading creditors.



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