{"id":"debtors-act-1936","name":"Debtors Act 1936","slug":"debtors-act-1936","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31897,"registerId":"sa-debtors-act-1936-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Debtors Act 1936","content":"South Australia\nDebtors Act 1936\nAn Act relating to debtors.\n\nContents\n1\tShort title\n3\tAbolition of imprisonment for debt\n4\tPenalty for debtor absconding or attempting to abscond\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Debtors Act 1936.\n3—Abolition of imprisonment for debt\n\t(1)\tNo person shall be arrested or imprisoned for making default in payment of a sum of money, except in the following cases:\n\t(a)\tdefault 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;\n\t(b)\tdefault in payment of any sum recoverable summarily.\n\t(2)\tNo person shall be imprisoned, in any case excepted from the operation of this section, for a longer period than six months.\n\t(3)\tNothing 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.\n\t(4)\tNothing in this section affects powers of arrest or imprisonment under the Enforcement of Judgments Act 1991.\n4—Penalty for debtor absconding or attempting to abscond\nIf any debtor quits the State, or makes preparation for quitting the State, with intent—\n\t(a)\tto 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\n\t(b)\tto 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,\nhe shall be guilty of an offence punishable by imprisonment for a term not exceeding two years.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Debtors Act 1936 repealed the following:\nIntercolonial Debts Act 1887\nAbolition of Imprisonment for Debt Act (No. 466 of 1889)\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1936\n2266\nDebtors Act 1936\n13.8.1936\n13.8.1936\n1991\n69\nStatutes Repeal and Amendment (Courts) Act 1991\n12.12.1991\n6.7.1992 (Gazette 2.7.1992 p209)\n1994\n59\nCriminal Law Consolidation (Felonies and Misdemeanours) Amendment Act 1994\n27.10.1994\n1.1.1995 (Gazette 8.12.1994 p1942)\n2003\n44\nStatute Law Revision Act 2003\n23.10.2003\nSch 1—24.11.2003 (Gazette 13.11.2003 p4048)\n2005\n56\nJustices of the Peace Act 2005\n17.11.2005\nSch 2 (cl 17)—1.7.2006 (Gazette 22.6.2006 p2012)\n2006\n44\nStatutes Amendment (Justice Portfolio) Act 2006\n14.12.2006\nPt 11 (ss 17 & 18)—18.1.2007 (Gazette 18.1.2007 p234)\nProvisions amended since 3 February 1976\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 2\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nheading preceding s 3\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 3\n\n\ns 3(1)\ns 3(c) and (d) deleted by 69/1991 s 6(a)\n6.7.1992\n\ns 3 amended by 69/1991 s 6(b) \n6.7.1992\n\ns 3 amended and redesignated as s 3(1) by 44/2003 s 3(1) (Sch 1)\n24.11.2003\n\namended by 56/2005 Sch 2 cl 17\n1.7.2006\ns 3(2)—(4)\ns 3(i)—(iii) redesignated as s 3(2)—(4) by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 3(5)\ns 3(iv) redesignated as s 3(5) by 44/2003 s 3(1) (Sch 1)\n24.11.2003\n\ndeleted by 44/2006 s 17\n18.1.2007\nheading preceding s 4\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 4\namended by 59/1994 Sch 2\n1.1.1995\n\namended by 44/2006 s 18\n18.1.2007\nHistorical versions\nReprint No 1—6.7.1992\n\nReprint No 2—1.1.1995\n\nReprint No 3—24.11.2003\n\n1.7.2006\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not accessible. The page returned an error due to an apparent website restructure by the South Australian Office of Parliamentary Counsel in March 2026."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","The low score reflects the inability to assess the actual Act's complexity, not the Act itself","Historic legislation of this type can involve archaic language and superseded legal concepts, which would typically increase complexity"],"plain_english_summary":"The Debtors Act 1936 (SA) is a historic state law setting out the rights and obligations of people who owe money and those who pursue them. It has governed debt recovery, debtor protections and (historically) imprisonment for unpaid debts.  \n\nIt matters to debtors, creditors and practitioners in South Australia because it frames how debt disputes and enforcement have been handled, though the current text should be checked on the South Australian legislation site."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act’s scope has been altered since enactment: subsections were deleted and redesignated and exceptions amended, and the Act now coexists with the Enforcement of Judgments Act 1991 (see s3(4)). Legislative history records amendments in 1991, 1994, 2003, 2005 and 2006 that changed wording, removed provisions and adjusted penalties and cross‑references, so current operation differs from the 1936 text as originally framed."},"complexity_factors":["Short, targeted legislation limited to arrest/imprisonment and absconding (sections 3–4).","Clear primary rule with narrowly drawn exceptions (s3(1)).","Fixed maximum custodial terms rather than complex procedural regimes (s3(2); s4).","Monetary thresholds and fault element for absconding offences ($20/$40 thresholds in s4) create bright‑line criteria.","Cross‑reference to separate enforcement regime (Enforcement of Judgments Act 1991) introduces external interpretive dependency (s3(4)).","Layered legislative history: multiple amendments, deletions and redesignations (1991, 1994, 2003, 2005, 2006) increase interpretive work despite the Act’s brevity."],"plain_english_summary":"This Act stops people being arrested or imprisoned merely for failing to pay a debt, while keeping limited exceptions for unpaid fines or penalties, sums recoverable summarily and for debtors who abscond to defraud creditors. Imprisonment for non‑excepted debt is capped at six months, and deliberate absconding with specified monetary thresholds can attract up to two years’ imprisonment. It affects debtors, creditors, courts and enforcement agencies by restricting detention as a debt‑collection tool while preserving criminal and enforcement routes."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original 1936 purpose: abolishing imprisonment for debt while preserving limited exceptions. Amendments have been technical (restructuring subsections, updating language, removing spent provisions) rather than substantive expansions. The $20/$40 thresholds in s 4 have not been updated for inflation, suggesting the provision has fallen into disuse rather than expanded in scope."},"complexity_factors":["Extremely short statute — only 2 operative sections (ss 3 and 4)","Only 4 defined concepts requiring interpretation: 'fine or penalty', 'sum recoverable summarily', 'tort', and 'local court'","Simple conditional structure in s 3(1): general prohibition followed by two explicit exceptions","No cross-references to other legislation except a single saving provision in s 3(4) referencing the Enforcement of Judgments Act 1991","Section 4 contains straightforward offence elements (actus reus and mens rea) with specific monetary thresholds ($20 and $40)","Legislative history and amendment notes are longer than the operative text itself"],"plain_english_summary":"**What this law does:**\n\nThis is a short, historic South Australian law that fundamentally changed how people who owe money are treated by the legal system.\n\n**Key changes:**\n\n*   **Ends 'debtor's prison'**: The main purpose is to stop people from being arrested or thrown in jail simply because they can't pay a debt. Before this Act, you could be imprisoned for owing money.\n\n*   **Two important exceptions** — you *can* still be imprisoned for:\n    *   **Fines and penalties** (money owed as punishment for breaking the law, not for breaking a contract)\n    *   **Debts recoverable 'summarily'** (minor debts dealt with quickly in lower courts)\n\n*   **Time limit**: Even in those exceptions, you can't be locked up for more than 6 months.\n\n*   **Stops people running away**: Section 4 makes it a crime (punishable by up to 2 years in prison) for a debtor to leave South Australia or prepare to leave with intent to defraud creditors. This applies if they owe at least $20, or have caused $40+ damage through broken contracts or wrongful acts ('tort').\n\n**Who it affects:**\n\n*   Anyone who owes money in South Australia\n*   Creditors trying to recover debts\n*   Courts enforcing money judgments\n\n**Why it matters:**\n\nThis Act reflects a major shift in legal philosophy — separating civil debt (owing money) from criminal punishment. It recognises that being poor isn't a crime, while still allowing imprisonment for fraudulent behaviour or court-ordered fines. It's been amended several times since 1936, mostly to tidy up language and remove outdated provisions."}},"importantCases":[],"_links":{"self":"/api/acts/debtors-act-1936","history":"/api/acts/debtors-act-1936/history","analysis":"/api/acts/debtors-act-1936/analysis","conflicts":"/api/acts/debtors-act-1936/conflicts","importantCases":"/api/acts/debtors-act-1936/important-cases","documents":"/api/acts/debtors-act-1936/documents"}}