Commonwealth Consolidated Acts

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BANKRUPTCY ACT 1966 - SECT 267F

Refusal to be sworn or give evidence etc.

             (1)  A person attending before the Official Receiver or an authorised officer as required by a notice under subsection 77C(1) must not:

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

                     (b)  refuse or fail to answer a question that the person is required to answer by the Official Receiver or authorised officer, as the case may be; or

                     (c)  refuse or fail to produce any books that the person is required by the notice to produce.

Penalty:  Imprisonment for 6 months.

             (2)  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 (2) (see subsection 13.3(3) of the Criminal Code ).



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