Section 264C — Bankruptcy Act 1966 (Cth)

(1) A person appearing before the Court, the Registrar or a magistrate for the purpose of being examined under this Act, or appearing as a witness before the Court, shall not:

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

(b) refuse or fail to answer a question which he or she 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 or she is required by the Court, the Registrar or the magistrate, as the case may be, or by a summons under this Act, to produce.

Penalty: Imprisonment for 6 months or 10 penalty units, or both.

(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) 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.

Related sections

• s 263C — False claims about a creditor’s entitlement to vote
• s 264A — Failure of person to attend before the Court etc.
• s 264B — Arrest of person failing to attend before the Court etc.
• s 264D — Prevarication or evasion in the course of examination
• s 264E — Offences in relation to Registrar or magistrate conducting an examination
• s 265 — Failure of bankrupt or debtor to disclose property etc.

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