Debtors Act 1936 (SA)

South Australia Debtors Act 1936 An Act relating to debtors.

Contents 1 Short title 3 Abolition of imprisonment for debt 4 Penalty for debtor absconding or attempting to abscond Legislative history

The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the Debtors Act 1936. 3—Abolition of imprisonment for debt (1) No person shall be arrested or imprisoned for making default in payment of a sum of money, except in the following cases: (a) default in payment of a fine or penalty, or sum in the nature of a fine or penalty, other than a fine or penalty in respect of any contract; (b) default in payment of any sum recoverable summarily. (2) No person shall be imprisoned, in any case excepted from the operation of this section, for a longer period than six months. (3) Nothing in this section shall alter the effect of any judgment or order of any Court for payment of money except as regards the arrest and imprisonment of the person making default in paying that money. (4) Nothing in this section affects powers of arrest or imprisonment under the Enforcement of Judgments Act 1991. 4—Penalty for debtor absconding or attempting to abscond If any debtor quits the State, or makes preparation for quitting the State, with intent— (a) to defraud any creditor to whom, either alone or jointly with any other creditor or creditors, he is indebted to the amount of twenty dollars or upwards, whether on an unsatisfied judgment of a local court or otherwise; or (b) to defraud any creditor who, alone or jointly with any other creditor or creditors, has sustained damage to the extent of forty dollars or upwards through breach of contract or through any tort on the part of the debtor, he shall be guilty of an offence punishable by imprisonment for a term not exceeding two years.