Commonwealth Consolidated Acts

BANKRUPTCY ACT 1966 - SECT 264B

  (1)   Subject to subsection   (2), where a person who is served, whether before or after the commencement of this section, with a summons referred to in subsection   264A(1):

  (a)   fails to attend before the Court, the Registrar or the magistrate, as the case may be, as required by the summons; or

  (b)   fails to appear and report himself or herself from day to day as required by the Court, the Registrar or magistrate, as the case may be;

the Court, the Registrar or the magistrate, as the case may be, may, on proof by affidavit of the service of the summons, issue a warrant for the apprehension of the person.

  (2)   The Court, the Registrar or the magistrate shall not issue a warrant under subsection   (1) for the apprehension of a person mentioned in paragraph   264A(1)(a) or (b) who has failed to attend for examination under a provision of this Act, or to appear as a witness before the Court, as required by a summons under this Act unless the Court, the Registrar or the magistrate, as the case may be, is satisfied, on proof by affidavit, that the person was tendered a reasonable sum for expenses.

  (3)   A warrant issued under subsection   (1) authorizes the apprehension of the person and his or her being brought before the Court, the Registrar or the magistrate, as the case may be, and his or her detention in custody until he or she is released by order of the Court, the Registrar or the magistrate, as the case may be.

  (4)   A warrant issued under subsection   (1) may be executed by a constable and a constable executing the warrant has the power to break and enter any place or building for the purpose of executing the warrant.

  (5)   The Court, the Registrar or the magistrate, as the case may be, may order a person apprehended under this section to pay the costs of the apprehension.

  (6)   The apprehension of a person under this section does not relieve him or her from any liability incurred by him or her by reason of his or her failure to attend before the Court, the Registrar or the magistrate, as the case may be.