Section 264E — Bankruptcy Act 1966 (Cth)

(1) A person shall not:

(a) insult or disturb a Registrar or magistrate before whom an examination under this Act is being held;

(b) interrupt an examination under this Act before a Registrar or magistrate;

(c) create a disturbance, or take part in creating or continuing a disturbance, in or near a place where an examination under this Act is being held before a Registrar or magistrate;

(d) use insulting or threatening language towards a Registrar or magistrate before whom an examination under this Act is being held; or

(e) by writing or speech use words calculated:

(i) to influence improperly a Registrar or magistrate before whom an examination under this Act is being held; or

(ii) to bring a Registrar or magistrate before whom an examination under this Act is being held into disrepute.

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

(2) For the purposes of an offence against subsection (1), strict liability applies to the following physical elements of circumstance of the offence:

(a) that the Registrar or magistrate is a Registrar or magistrate before whom an examination under this Act is being held;

(b) that the examination is an examination under this Act being held before a Registrar or magistrate.

Note: For strict liability, see section 6.1 of the Criminal Code.

Related sections

• s 264B — Arrest of person failing to attend before the Court etc.
• s 264C — Refusal to be sworn or give evidence etc.
• s 264D — Prevarication or evasion in the course of examination
• s 265 — Failure of bankrupt or debtor to disclose property etc.
• s 265A — Offences relating to exercise of powers under section 77A or 130
• s 266 — Disposing or charging of property by person who becomes, or has become, a bankrupt

Research how courts apply s 264E

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