{"id":"absconding-debtors-act-1978","name":"Absconding Debtors Act 1978","slug":"absconding-debtors-act-1978","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29819,"registerId":"nt-absconding-debtors-act-1978-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Absconding Debtors Act 1978","content":"NORTHERN TERRITORY OF AUSTRALIA\nABSCONDING DEBTORS ACT 1978\nAs in force at 22 November 2017\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n4 Interpretation ................................................................................... 1\nPart 2 Issue of warrants\n5 Application for warrant ..................................................................... 2\n6 Issue of warrant ............................................................................... 2\n7 Transmission to Court ..................................................................... 3\nPart 3 Execution of warrants\n8 Execution of warrants ...................................................................... 3\n8A Circumstances in which police officer may execute warrant\nwithout having warrant in officer's possession ................................. 4\n9 Endorsement ................................................................................... 4\n10 Service of warrant ............................................................................ 4\n11 Debtor to be brought before Court ................................................... 4\n12 Release ........................................................................................... 5\nPart 4 Restraint on transfer or removal of\nproperty\n13 Application for order restraining transfer or removal of property ...... 5\n14 Order restraining transfer or removal of property............................. 6\n15 Hearing of applications .................................................................... 6\nPart 5 Hearing of proceedings\n16 Powers of Court ............................................................................... 7\n17 Release of debtors .......................................................................... 8\n18 Failure to comply with conditions ..................................................... 8\n19 Hearing of claims for debt ................................................................ 8\nPart 6 Review\n20 Applications for review ..................................................................... 9\n21 Review ............................................................................................. 9\n22 Restraint on further applications .................................................... 10\n\nAbsconding Debtors Act 1978 ii\n23 Appeals.......................................................................................... 10\nPart 7 Miscellaneous matters\n24 Protection of persons executing warrants ...................................... 10\n25 Offence .......................................................................................... 10\n26 Procedure ...................................................................................... 11\n27 Other jurisdictions or powers ......................................................... 11\n29 Rules of Court................................................................................ 11\n30 Regulations.................................................................................... 12\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 22 November 2017\n____________________\nABSCONDING DEBTORS ACT 1978\nAn Act to make provision for and in respect of the apprehension of\ncertain debtors\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Absconding Debtors Act 1978.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n4 Interpretation\n(1) In this Act:\napplicant means a person who applies for an order or warrant\nunder this Act.\nCourt means the Local Court or the Supreme Court.\ndebt means a liquidated debt, whether pursuant to a judgment or\notherwise, that is due and payable in the Territory.\ndebtor includes a person who an applicant alleges owes a debt to\nthe applicant.\nLocal Court's jurisdictional limit means the jurisdictional limit of\nthe Local Court's civil jurisdiction, as defined in section 12 of the\nLocal Court Act 2015.\nproperty includes realty and personalty or an interest, whether\nlegal or equitable, in property.\nwages means:\n(a) any sum due under:\n(i) a contract of employment; or\n\nPart 2 Issue of warrants\nAbsconding Debtors Act 1978 2\n(ii) an award or industrial agreement regulating conditions of\nemployment; and\n(b) any sum due for long service leave, annual holidays or sick\nleave.\n(2) A reference in this Act to the transfer of property includes a\nreference to the sale, or the assignment otherwise than for valuable\nconsideration, of that property.\n(3) For this Act, a person is satisfied as to all material matters in\nrelation to a debtor if the person is satisfied that there are\nreasonable grounds for believing that:\n(a) the debtor owes a debt to the applicant; and\n(b) the debtor is about to leave the Territory; and\n(c) failure to arrest the debtor would defeat, endanger or\nmaterially prejudice an applicant's prospects of recovering a\ndebt; and\n(d) the debt:\n(i) is for wages due by the debtor to the applicant; or\n(ii) is for an amount not less than the prescribed amount.\nPart 2 Issue of warrants\n5 Application for warrant\n(1) Subject to this Act, a person may, at any time, apply to a Court for a\nwarrant to issue for the arrest of a debtor for the purpose of\npreventing that debtor from leaving the Territory.\n(2) An application under subsection (1) must be:\n(a) in the prescribed form; and\n(b) supported by an affidavit as to all material matters in relation\nto which the Court is, under section 6(2), required to be\nsatisfied.\n6 Issue of warrant\n(1) A Court may issue a warrant for which an application has been\nmade under section 5 in accordance with this Part.\n\nPart 3 Execution of warrants\nAbsconding Debtors Act 1978 3\n(2) A Court must not issue a warrant under subsection (1) unless it is\nsatisfied, after reasonable inquiry, as to all material matters.\n(3) A warrant issued under subsection (1) must:\n(a) be in the prescribed form; and\n(b) specify:\n(i) the amount of the alleged debt; and\n(ii) the costs, if any, which are claimed by the applicant; and\n(iii) the name of the person to whom it is addressed; and\n(c) bear such other endorsements as are prescribed.\n7 Transmission to Court\nA Court that issues a warrant under this Part must within 24 hours\nafter the warrant has been issued:\n(a) if the debt claimed is not more than the Local Court's\njurisdictional limit, transmit:\n(i) the application for the warrant; and\n(ii) any affidavit lodged with the application; and\n(iii) a copy of the warrant;\nto a registrar of the Local Court; or\n(b) if the debt claimed is more than that limit, transmit:\n(i) the application for the warrant; and\n(ii) any affidavit lodged with the application; and\n(iii) a copy of the warrant;\nto an Associate Judge.\nPart 3 Execution of warrants\n8 Execution of warrants\nA warrant issued under Part 2 may be executed in the Territory by:\n(a) the person to whom the warrant is addressed; or\n\nPart 3 Execution of warrants\nAbsconding Debtors Act 1978 4\n(b) a police officer;\nwithin one month from the date of issue of the warrant.\n8A Circumstances in which police officer may execute warrant\nwithout having warrant in officer's possession\n(1) Where, having regard respectively to the location of the place\nwhere a warrant under Part 2 is purported to have been issued and\nthe place where it is to be executed, it is not practicable for a police\nofficer to obtain the warrant or a copy of it, the officer may, if he or\nshe believes on reasonable grounds that the warrant is in\nexistence, execute it even though the officer does not have it or a\ncopy of it in his or her possession.\n(2) Where a police officer executes, pursuant to subsection (1), a\nwarrant issued under Part 2, the officer must comply with the\nrequirements of sections 9 and 10(a) in respect of the warrant as\nsoon as practicable after receiving it or a copy of it.\n(3) Where a police officer has executed, pursuant to subsection (1), a\nwarrant purported to be issued under Part 2, and after that\nexecution it is found that the warrant is not in existence, the person\nfor the time being having custody of the person arrested in the\npurported execution of that warrant must, as soon as practicable\nafter he or she is satisfied that that warrant is not in existence,\ndischarge the arrested person from custody.\n9 Endorsement\nSubject to section 8A(2), a person who executes a warrant issued\nunder Part 2 must endorse the warrant with the time and place of its\nexecution.\n10 Service of warrant\nA person who executes a warrant issued under Part 2 must serve\nthe debtor with a copy of the warrant:\n(a) where the person serving the warrant is a police officer –\nsubject to section 8A(2), as soon as is practicable after the\nexecution of the warrant; and\n(b) otherwise – on the execution of the warrant.\n11 Debtor to be brought before Court\n(1) A person who executes a warrant issued under Part 2 must\nimmediately take the debtor to the nearest police station.\n\nPart 4 Restraint on transfer or removal of property\nAbsconding Debtors Act 1978 5\n(2) The police officer in charge of a police station to whom a debtor is\nbrought in pursuance of subsection (1) must:\n(a) hold the debtor in custody; and\n(b) within 24 hours of, or as soon as practicable after, receiving\nthe debtor into custody, bring the debtor:\n(i) if the debt claimed is not more than the Local Court's\njurisdictional limit – before a Court; or\n(ii) if the debt claimed is more than that limit – before the\nSupreme Court.\n(3) An endorsement in accordance with section 9 is sufficient authority\nfor a General Manager (as defined in section 10 of the Correctional\nServices Act 2014, to receive the debtor named in the warrant into\ncustody.\n12 Release\nThe police officer in charge of a police station referred to in\nsection 11(1) or the officer referred to in section 11(3) must release\na debtor held in custody if:\n(a) the debtor:\n(i) tenders to the applicant the amount of money specified\nin the warrant as the debt and costs; or\n(ii) deposits with that member or the officer for payment into\ncourt that amount of money to abide the determination of\nthe claim; or\n(b) the applicant consents in writing to the release; or\n(c) a Court orders that the debtor be released from custody.\nPart 4 Restraint on transfer or removal of property\n13 Application for order restraining transfer or removal of\nproperty\n(1) Subject to this Act, a person may, at any time, apply to a Court for\nan order restraining:\n(a) the transfer of any of the property of the debtor situated in the\nTerritory; or\n\nPart 4 Restraint on transfer or removal of property\nAbsconding Debtors Act 1978 6\n(b) the removal of any of the property of the debtor out of the\nTerritory.\n(1A) Where an application under subsection (1)(a) relates to property the\nvalue of which, in the opinion of the applicant, is not more than the\nLocal Court's jurisdictional limit, the application must be made to the\nLocal Court and, in any other case, to the Supreme Court.\n(2) An application under subsection (1) must be:\n(a) in the prescribed form; and\n(b) supported by an affidavit as to the matters in relation to which\nthe Court is, under section 14(2), required to be satisfied.\n14 Order restraining transfer or removal of property\n(1) Upon an application made under section 13, a Court may make\nsuch order as it thinks fit.\n(2) A Court must not make an order under subsection (1) unless it is\nsatisfied that there are reasonable grounds for believing that:\n(a) the debtor owes a debt to the applicant; and\n(b) the debtor has an interest in property situated in the Territory;\nand\n(c) the property in which the debtor has an interest is about to be:\n(i) transferred; or\n(ii) removed from the Territory; and\n(d) failure to make the order would defeat, endanger or materially\nprejudice the applicant's prospects of recovering the debt; and\n(e) the debt:\n(i) is for wages due by the debtor to the applicant; or\n(ii) is for an amount not less than the prescribed amount.\n15 Hearing of applications\n(1) Subject to this section, a Court may hear and determine an\napplication under section 13 ex parte.\n(2) A Court may order that:\n(a) a copy of the application under section 14 be served on; or\n\nPart 5 Hearing of proceedings\nAbsconding Debtors Act 1978 7\n(b) notice of that application be given to;\nany person.\n(3) If a person other than the debtor has an interest in property\nspecified in an application under section 13 the Court must order\nthat:\n(a) a copy of the application be served on; or\n(b) notice of that application be given to;\nthat person, and that person may take part in the proceedings as if\nhe or she were a party to the proceedings.\nPart 5 Hearing of proceedings\n16 Powers of Court\nSubject to this Part, the Court before whom a debtor is brought\nunder section 11(2)(b) or 14(2) may make such order as it thinks fit\nincluding an order:\n(a) that the debtor be released, either conditionally or\nunconditionally, from custody; and\n(b) that the debtor undertakes, in writing in a form approved by\nthe court, that he or she will not leave the Territory or a\nspecified part of the Territory, as the case may be, until an\namount of money specified by the court is paid; and\n(c) that the debtor give security, either with or without surety, for\nthe payment of a specified sum; and\n(d) that the debtor pay a specified sum to the applicant or to\nanother person; and\n(e) that the debtor pay a specified sum into court to await the\nfinalisation of any other action upon the debt; and\n(f) that the debtor be committed into the custody of the\nCommissioner of Correctional Services:\n(i) in such a manner; or\n(ii) for such a period; or\n(iii) under such conditions;\nas the court considers just; and\n\nPart 5 Hearing of proceedings\nAbsconding Debtors Act 1978 8\n(g) that the applicant take such action within such time and in\nsuch manner as the Court considers necessary or desirable\nfor the recovery of the debt.\n17 Release of debtors\nIf the Court referred to in section 16 is not satisfied beyond\nreasonable doubt as to all material matters, it must order that the\ndebtor be released from custody.\n18 Failure to comply with conditions\n(1) A police officer may arrest without a warrant a debtor who is\nconditionally released from custody under section 17 and whom the\nofficer reasonably suspects has failed, or is about to fail, to comply\nwith a condition to which the debtor's release from custody was\nsubject.\n(2) A police officer who arrests a debtor under subsection (1) must\nwithin 24 hours of, or as soon as practicable after, the arrest of the\ndebtor:\n(a) if the order under which the debtor was released from custody\nwas made by the Local Court – bring the debtor before the\nLocal Court; or\n(b) if that order was made by the Supreme Court – bring the\ndebtor before a Supreme Court Judge.\n(3) The Court referred to in subsection (2) may revoke the order under\nwhich the debtor was released if it is satisfied that:\n(a) there has been a failure by the debtor to comply with a\ncondition under which the debtor was released; or\n(b) the debtor is about not to comply with that condition.\n(4) A Court that revokes an order under subsection (3) may make such\nfurther order as it thinks fit including any order which it could have\nmade, had the revoked order not been made.\n19 Hearing of claims for debt\n(1) A Court before whom proceedings are brought under this Act may,\nsubject to this section, hear and determine a claim for the alleged\ndebt as if the proceedings under this Act were proceedings for the\nrecovery of the alleged debt.\n\nPart 6 Review\nAbsconding Debtors Act 1978 9\n(2) A Court must not hear and determine a claim for a debt in any\nproceedings brought under this Act unless the debtor and the\ncreditor agree.\n(3) The Court may make such orders as it thinks fit to enable the\nmatter to be continued as proceedings in an action in the Court.\n(4) A decision in any proceedings under this section has effect as a\ndecision of the Court, and may be enforced accordingly.\nPart 6 Review\n20 Applications for review\n(1) A debtor may, at any time, apply to the Supreme Court for an order\nthat:\n(a) any warrant issued against the debtor be set aside; or\n(b) the debtor be discharged from custody; or\n(c) any order previously made under this Act by the Local Court\nbe varied or quashed.\n(2) Subject to subsection (3), an application under subsection (1) must\nbe:\n(a) in writing; and\n(b) in the prescribed form; and\n(c) filed in the Supreme Court.\n(3) An application under subsection (1) may, at the discretion of the\nSupreme Court, be made, heard and determined:\n(a) by telephone; or\n(b) by radio; or\n(c) in such other manner as the Supreme Court may direct.\n21 Review\nThe Supreme Court may make such orders in respect of an\napplication under section 20 as it thinks fit.\n\nPart 7 Miscellaneous matters\nAbsconding Debtors Act 1978 10\n22 Restraint on further applications\nIf:\n(a) a warrant issued under this Act is set aside; or\n(b) an order made under this Act is quashed;\nunder this Part, the applicant must not make any further application\nfor a warrant under Part 2 or an order under Part 4 against the\ndebtor in respect of the same debt or part thereof within 6 months\nafter the date of that warrant or order, as the case may be, unless\nthe applicant introduces further information in support of his or her\napplication that was not and could not reasonably have been\nintroduced at the time when the warrant or order set aside or\nquashed, as the case may be, was applied for.\n23 Appeals\nProceedings in the nature of an appeal brought by any person from\nany order made under this Act do not in any way restrict or limit the\npowers of the Court under this Part.\nPart 7 Miscellaneous matters\n24 Protection of persons executing warrants\n(1) A person who executes under this Act a warrant for the arrest of a\nperson does not incur any civil liability if the person acts reasonably\nand without actual knowledge of a defect in the warrant or of lack of\njurisdiction in the person who issued the warrant.\n(2) A police officer who executes under section 8A(1) a warrant\npurported to be issued under Part 2 does not incur any criminal\nliability if, after that execution, it is found that the warrant is not in\nexistence.\n25 Offence\nA person must not falsely, frivolously, vexatiously or oppressively\nmake an application under section 5 (which relates to applications\nfor warrants) or 13 (which relates to applications for orders\nrestraining the transfer or removal of property).\nMaximum penalty: 35 penalty units or imprisonment for\n2 years.\n\nPart 7 Miscellaneous matters\nAbsconding Debtors Act 1978 11\n26 Procedure\nSubject to:\n(a) this Act; or\n(b) any Rules of Court; or\n(c) any order or direction of the Court;\nwhere:\n(d) the amount of the debt is more than the Local Court's\njurisdictional limit – the practice and procedure applicable to\nproceedings in the Supreme Court, in so far as is practicable,\napply to proceedings under this Act; or\n(e) the amount of the debt is not more than that limit – the\npractice and procedure applicable to proceedings in the Local\nCourt, in so far as is practicable, apply to proceedings under\nthis Act.\n27 Other jurisdictions or powers\nNothing in this Act restricts or limits:\n(a) any other jurisdiction or powers exercisable by or vesting in\nthe Supreme Court; or\n(b) any other remedies a person may have against a debtor.\n29 Rules of Court\nThe Chief Justice may make Rules of Court under the Supreme\nCourt Act 1979 prescribing:\n(a) the practice and procedure to be followed; and\n(b) the forms to be used; and\n(c) the fees to be paid;\nunder this Act.\n\nPart 7 Miscellaneous matters\nAbsconding Debtors Act 1978 12\n30 Regulations\nThe Administrator may make regulations not inconsistent with this\nAct, prescribing all matters which by this Act are required or\npermitted to be prescribed or which are necessary or convenient to\nbe prescribed for carrying out or giving effect to this Act (matters in\nrespect of which Rules of Court may be made under section 29\nexcepted).\n\nENDNOTES\nAbsconding Debtors Act 1978 13\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nAbsconding Debtors Act 1978 (Act No. 125, 1978)\nAssent date 21 December 1978\nCommenced 5 December 1980 (Gaz G49, 5 December 1980, p 1)\nStatute Law Revision Act 1979 (Act No. 98, 1979)\nAssent date 10 August 1979\nCommenced 26 October 1979 (Gaz G43, 26 October 1979, p 1)\nAbsconding Debtors Act 1979 (Act No. 114, 1979)\nAssent date 28 September 1979\nCommenced 1 August 1981 (s 2, s 2 Local Courts Act (No. 2) 1979 (Act\nNo. 115, 1979and Gaz G29, 23 July 1981, p 10)\nStatute Law Revision Act (No. 2) 1981 (Act No. 63, 1981)\nAssent date 20 July 1981\nCommenced 20 July 1981\nStatute Law Revision Act (No. 4) 1981 (Act No. 4, 1982)\nAssent date 12 February 1982\nCommenced 12 February 1982\nAbsconding Debtors Amendment Act 1983 (Act No. 22, 1983)\nAssent date 24 June 1983\nCommenced 24 June 1983\nLocal Courts (Consequential Amendments) Act 1989 (Act No. 14, 1989)\nAssent date 5 June 1989\nCommenced 1 January 1991 (s 2, s 2 Local Court Act 1989 (Act No. 31,\n1989) and Gaz G49, 12 December 1990, p 2)\nStatute Law Revision Act 2003 (Act No. 12, 2003)\nAssent date 18 March 2003\nCommenced 18 March 2003\n\nENDNOTES\nAbsconding Debtors Act 1978 14\nPolice Administration Amendment (Powers and Liability) Act 2005 (Act No. 11, 2005)\nAssent date 17 March 2005\nCommenced 20 April 2005 (Gaz G16, 20 April 2005, p 5)\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nStatute Law (Miscellaneous Provisions) Act 2011 (Act No. 44, 2011)\nAssent date 21 December 2011\nCommenced 27 January 2012 ((other than amdts to Darwin Port\nCorporation Act 1983 and Marine Act 1981 listed in the Sch to\nAct) Gaz S3, 27 January 2012))\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nSupreme Court Amendment (Associate Judges) Act 2017 (Act No. 18, 2017)\nAssent date 5 September 2017\nCommenced 22 November 2017 (Gaz S84, 21 November 2017, p 1)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 11 and 29.\n4 LIST OF AMENDMENTS\npt 1 hdg ins No. 44, 2011, s 10\ns 3 rep No. 14, 1989, s 7\ns 4 amd No. 98, 1979, s 4; No. 63, 1981, s 2; No. 14, 1989, s 7; No. 44, 2011,\ns 27; No. 8, 2016, s 45; No. 18, 2017, s 36\npt 2 hdg amd No. 44, 2011, s 27\nss 5 – 6 amd No. 14, 1989, s 7; No. 44, 2011, s 27\ns 7 amd No. 114, 1979, s 3; No. 14, 1989, s 7; No. 44, 2011, s 27; No. 8, 2016,\ns 45; No. 18, 2017, s 36\npt 3 hdg amd No. 44, 2011, s 27\ns 8 amd No. 44, 2011, s 27\ns 8A ins No. 22, 1983, s 3\namd No. 44, 2011, s 27\ns 9 amd No. 22, 1983, s 4; No. 44, 2011, s 27\ns 10 amd No. 22, 1983, s 5; No. 44, 2011, s 27\ns 11 amd No. 114, 1979, s 3; No. 14, 1989, s 7; No. 12, 2003, s 18; No. 44, 2011,\ns 27; No. 27, 2014, s 57; No. 8, 2016, s 45\ns 12 amd No. 14, 1989, s 7; No. 44, 2011, s 27\npt 4 hdg amd No. 44, 2011, s 27\n\nENDNOTES\nAbsconding Debtors Act 1978 15\ns 13 amd No. 98, 1979, s 4; No. 4, 1982, s 3; No. 22, 1983, s 6; No. 14, 1989, s 7;\nNo. 8, 2016, s 45\ns 14 amd No. 98, 1979, s 4; No. 14, 1989, s 7; No. 44, 2011, s 27\ns 15 amd No. 63, 1981, s 2; No. 14, 1989, s 7; No. 44, 2011, s 27\npt 5 hdg amd No. 44, 2011, s 27\ns 16 amd No. 14, 1989, s 7; No. 44, 2011, s 27; No. 27, 2014, s 57\ns 17 amd No. 14, 1989, s 7; No. 44, 2011, s 27\ns 18 amd No. 14, 1989, s 7; No. 44, 2011, s 27; No. 8, 2016, s 45\ns 19 amd No. 63, 1981, s 2; No. 14, 1989, s 7; No. 44, 2011, s 27\npt 6 hdg amd No. 44, 2011, s 27\ns 20 amd No. 14, 1989, s 7; No. 44, 2011, s 27\ns 21 sub No. 14, 1989, s 7\ns 22 amd No. 44, 2011, s 27\ns 23 amd No. 14, 1989, s 7; No. 44, 2011, s 27\npt 7 hdg amd No. 44, 2011, s 27\ns 24 sub No. 22, 1983, s 7\namd No. 11, 2005, s 15; No. 44, 2011, s 27\ns 25 amd No. 12, 2010, s 3; No. 44, 2011, s 27\ns 26 amd No. 114, 1979, s 3; No. 14, 1989, s 7; No. 44, 2011, s 27; No. 8, 2016,\ns 45\ns 27 amd No. 14, 1989, s 7\ns 28 rep No. 14, 1989, s 7\ns 29 amd No. 63, 1981, s 2; No. 44, 2011, s 27","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: apprehending debtors who are about to abscond from the Northern Territory. While it has been amended over nearly 40 years (as shown in the endnotes), these amendments appear to be machinery changes updating court names (Local Court replacing lower courts), correcting references to other legislation (Correctional Services Act), and adjusting penalties. The core scope—arrest warrants for fleeing debtors and property freezing orders—has not expanded beyond this original intent."},"complexity_factors":["Straightforward structure with 7 Parts covering distinct phases (preliminary, warrants, execution, property restraint, hearings, review, miscellaneous)","Only 6 defined terms in the interpretation section (section 4), though 'material matters' is defined through a multi-part test","Moderate cross-referencing between Parts (e.g., execution provisions reference back to issue provisions)","Conditional logic present but not deeply nested – primarily 'if debt > jurisdictional limit then Supreme Court, else Local Court' type branching","Some procedural complexity in Part 3 regarding warrant execution (section 8A allowing execution without physical warrant in remote areas)","Dual court system (Local Court vs Supreme Court) creates parallel procedural tracks depending on debt amount","Missing section numbers (no section 3, no section 28) indicating amendments over time but not creating substantive complexity","Standard protective provisions for officers executing warrants (section 24) and offence provisions (section 25) typical of enforcement legislation"],"plain_english_summary":"**What this law does:**\n\nThis is a Northern Territory law that lets creditors (people or businesses who are owed money) apply to have a debtor (the person who owes the money) arrested if they think the debtor is about to flee the Territory to avoid paying.\n\n**Who it affects:**\n\n*   **Creditors** – usually employers owed wages, or anyone owed a substantial debt (above a minimum threshold set by regulations).\n*   **Debtors** – people who owe money and are suspected of planning to leave the Northern Territory to avoid payment.\n*   **Police and Courts** – who execute the warrants and oversee the process.\n\n**Key powers the law creates:**\n\n*   **Arrest warrants:** A creditor can ask a court to issue a warrant for a debtor's arrest. The court must be satisfied there are reasonable grounds to believe the debtor owes the money, is about to leave the Territory, and that arrest is necessary to protect the creditor's chances of recovering the debt.\n*   **Freezing assets:** Creditors can also apply for court orders to stop debtors from selling or moving property out of the Territory.\n*   **What happens after arrest:** The debtor must be brought before a court within 24 hours. The court can:\n    *   Release them if the case is weak.\n    *   Release them on conditions (like promising not to leave, or paying money into court).\n    *   In serious cases, send them to prison for a period.\n*   **Special rules for police:** Police can execute warrants even without having the physical document in remote areas, provided they believe it exists.\n\n**Why it matters:**\n\nThis is an unusual and serious power. Most civil debt collection doesn't involve arrest. This law exists specifically to stop \"flight risks\" – debtors who might skip town to avoid paying, particularly workers owed wages. It balances creditor protection against personal liberty, requiring court oversight and quick hearings. It also contains safeguards: penalties for false or abusive applications, and a right for debtors to apply to the Supreme Court to have warrants set aside."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose: preventing debtors from leaving the Territory to avoid paying debts. Amendments over time have clarified definitions, updated court names, and added minor procedural details (e.g., execution without warrant possession, modernised penalties), but the core scope has not expanded beyond the original intent."},"complexity_factors":["Cross-references to multiple other Acts (Local Court Act, Supreme Court Act, Correctional Services Act, etc.)","Defined terms with special meanings (e.g., 'debt' includes wages, 'Local Court's jurisdictional limit')","Conditional logic for warrant issuance (satisfied as to all material matters) with four sub-conditions","Two separate court tracks depending on debt amount (Local Court vs Supreme Court)","Provisions for execution without possession of warrant (section 8A) with protections and liability rules","Property restraint orders with additional conditions and notice requirements for third parties with interests","Review and appeal mechanisms with varying procedures","Multiple prescribed forms and regulations referenced but not included"],"plain_english_summary":"The **Absconding Debtors Act 1978** is a Northern Territory law that allows a creditor to ask a court to arrest a debtor who is about to leave the Territory without paying a debt. The court can also order that the debtor’s property not be sold or moved out of the Territory. The law is designed to prevent debtors from escaping their obligations by leaving the jurisdiction. \n\n**Who it affects:** Creditors who are owed a liquidated (fixed) debt that is due and payable in the Territory. Debtors who owe such debts and are believed to be planning to leave. It also affects police officers who execute arrest warrants and the courts (Local Court and Supreme Court) that handle applications. \n\n**How it works:** A creditor applies to a court with an affidavit explaining why they believe the debtor owes money, is about to leave, and that arrest is needed to protect their chances of recovering the debt. If the court is satisfied, it issues a warrant for the debtor’s arrest. A police officer can arrest the debtor and bring them before a court within 24 hours. The court may release the debtor on conditions (such as not leaving the Territory or paying money into court). If the debtor fails to comply, they can be re-arrested. The court can also order that the debtor’s property not be transferred or removed from the Territory. \n\n**Why it matters:** It gives creditors a powerful tool to secure debts before a debtor can flee, but it also includes protections to prevent abuse – for example, making false applications is a criminal offence punishable by up to 2 years imprisonment. Debtors can apply to the Supreme Court to have a warrant set aside or be discharged from custody. The law balances the rights of creditors to recover debts with the risk of wrongful arrest or oppression."}},"importantCases":[],"_links":{"self":"/api/acts/absconding-debtors-act-1978","history":"/api/acts/absconding-debtors-act-1978/history","analysis":"/api/acts/absconding-debtors-act-1978/analysis","conflicts":"/api/acts/absconding-debtors-act-1978/conflicts","importantCases":"/api/acts/absconding-debtors-act-1978/important-cases","documents":"/api/acts/absconding-debtors-act-1978/documents"}}