Section 265A — Bankruptcy Act 1966 (Cth)

(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.

Related sections

• 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.
• s 266 — Disposing or charging of property by person who becomes, or has become, a bankrupt
• s 267 — False declaration by debtor or bankrupt
• s 267B — Failure of person to provide information

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