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BANKRUPTCY ACT 1966 - SECT 265A Offences relating to exercise of powers under section 77A or 130

BANKRUPTCY ACT 1966 - SECT 265A

Offences relating to exercise of powers under section 77A or 130

  (1)   A person shall not refuse or fail to comply with a requirement under section   77A or 130.

  (1A)   Subsection   (1) does not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (1A) (see subsection   13.3(3) of the Criminal Code ).

  (2)   A person shall not, in purported compliance with a requirement under section   77A or 130, give information, or make a statement, that is, to the person's knowledge, false or misleading in a material particular.

  (3)   A person shall not:

  (a)   obstruct or hinder a person in the exercise of a power under section   77A; or

  (b)   obstruct or hinder a person who is executing a warrant issued under section   130.

  (3A)   Subsection   (3) does not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (3A) (see subsection   13.3(3) of the Criminal Code ).

  (4)   The occupier, or person in charge, of premises that a person enters under a warrant issued under section   130 shall provide to the last - mentioned person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.

Penalty:   Imprisonment for 12 months.