{"id":"restraint-of-debtors-regulations-1986","name":"Restraint of Debtors Regulations 1986","slug":"restraint-of-debtors-regulations-1986","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181861,"registerId":"wa-restraint-of-debtors-regulations-1986-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Restraint of Debtors Regulations 1986","content":"![Crest]()Western Australia\n\nRestraint of Debtors Act 1984\n\nRestraint of Debtors Regulations 1986\n\nWestern Australia\n\nRestraint of Debtors Regulations 1986\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n2A. Term used in these regulations 1\n\n3. Application for warrant 1\n\n4. Warrant 1\n\n5. Summons 2\n\n6. Endorsement of summons 2\n\n7. Certain notice to be given by applicant 2\n\n8. Notice on release 3\n\n9. Orders 3\n\n10. Revocation of order for release 3\n\n11. Application for restraining order 3\n\n12. Money 3\n\n13. Fees 4\n\n14. Offence and penalty 4\n\nSchedule\n\nNotes\n\nCompilation table 14\n\nDefined terms\n\n  \n\nWestern Australia\n\nRestraint of Debtors Act 1984\n\nRestraint of Debtors Regulations 1986\n\n##### 1. Citation\n\nThese regulations may be cited as the *Restraint of Debtors Regulations 1986* 1.\n\n##### 2. Commencement\n\nThese regulations shall take effect on the coming into operation of the *Restraint of Debtors Act 1984* 1.\n\n##### 2A. Term used in these regulations\n\nIn these regulations —\n\n  section means section of the Act.\n\n[Regulation 2A inserted: Gazette 28 Apr 2005 p. 1766.]\n\n##### 3. Application for warrant\n\nAn application for a warrant to issue for the arrest of a debtor under section 5, shall be in the form of Form 1 in the Schedule.\n\n##### 4. Warrant\n\nA warrant issued in accordance with section 6 shall be in the form of Form 2 in the Schedule and shall —\n\n(a) require the person executing the warrant to forthwith take the debtor to the nearest police station;\n\n(b) require the officer in charge of the police station in which a debtor is lodged to cause the debtor to be dealt with in accordance with section 12;\n\n(c) set out conditions on which the debtor may be released from custody in accordance with section 13.\n\n##### 5. Summons\n\nA summons issued in accordance with section 6 shall be in the form of Form 3 in the Schedule and shall —\n\n(a) advise the debtor named in the application that failure to attend in response to the summons may result in a warrant being issued for the arrest of the debtor;\n\n(b) set out the manner in which appearance on the summons may be avoided in accordance with section 10.\n\n##### 6. Endorsement of summons\n\nThe copy of a summons lodged in the registry of a court in accordance with section 8 shall be endorsed to the effect —\n\n(a) that the summons was served personally on the debtor named in the summons on a specified date being not less than 7 days before the day he is summoned to appear; and\n\n(b) that the summons was accompanied by a copy of the application upon which the summons was issued and every affidavit in support of the application.\n\n##### 7. Certain notice to be given by applicant\n\n(1) Where a debtor tenders, or gives security for the payment of, the amount of money specified in a summons issued under section 6 before the time so specified for his appearance, the applicant shall give notice to that effect to the court specified in the summons, in the form of Form 4 in the Schedule.\n\n(2) Where a debtor tenders or gives security for the payment of the amount of money specified in a warrant that has not been executed the applicant shall give written notice to that effect to the officer in charge of the police station to whom the warrant had been delivered.\n\n##### 8. Notice on release\n\nAn officer in charge of a police station who releases a debtor from custody under section 13 shall notify the court specified in the warrant in the form of Form 5 in the Schedule.\n\n[Regulation 8 amended: Gazette 28 Apr 2005 p. 1766.]\n\n##### 9. Orders\n\nAn order by a court under sections 14, 16, 18, 19, 20 or 22 may be in the form of Form 6 in the Schedule with such alterations as are appropriate to the case.\n\n[Regulation 9 amended: Gazette 28 Apr 2005 p. 1766.]\n\n##### 10. Revocation of order for release\n\nWhere a court revokes an order pursuant to which a debtor was released, the order of revocation may be in the form of Form 7 in the Schedule.\n\n[Regulation 10 amended: Gazette 28 Apr 2005 p. 1767.]\n\n##### 11. Application for restraining order\n\nAn application for a restraining order under section 17 shall be in the form of Form 8 in the Schedule.\n\n[Regulation 11 amended: Gazette 28 Apr 2005 p. 1767.]\n\n##### 12. Money\n\n(1) Money received by a police officer shall be paid forthwith to a registrar at the nearest registry of the Magistrates Court.\n\n(2) The registrar of the court with whom money has been deposited under the Act shall retain the money in a trust account or transmit it to the relevant officer of the department principally assisting the Minister in the administration of the Act.\n\n(3) The registrar, upon production of such documents and orders as may be required, and being satisfied that it is proper to do so, may pay, or authorise the relevant officer of the department to pay, the money to the appropriate party.\n\n[Regulation 12 amended: Gazette 31 Jul 2007 p. 3803‑4.]\n\n##### 13. Fees\n\nThe fee to be paid in respect of the execution or attempted execution of a warrant is the fee set out in the *Magistrates Court (Fees) Regulations 2005* Schedule 1 Division 3 item 3(b).\n\n[Regulation 13 inserted: Gazette 28 Apr 2005 p. 1767.]\n\n##### 14. Offence and penalty\n\nA person who contravenes or fails to comply with any of these regulations, commits an offence.\n\nPenalty: $200.\n\nSchedule\n\n**Form 1**\n\n*Restraint of Debtors Act 1984*\n\n[Sections 5 and 7]\n\nAPPLICATION FOR WARRANT\n\nTo* — (a) a judicial officer of the Supreme/District Court.\n\n(b) a magistrate/justice.\n\nI, ............................................................................................................................. of ............................................................................................................................ the undersigned applicant say that ......................................................................... of ............................................................................................................................ (hereinafter described as the debtor) is indebted to me in the sum of $................, and ask that a warrant be issued preventing the said debtor from leaving the State.\n\nAttached hereto is my affidavit in support of this application.\n\nIf a warrant is issued I undertake to notify the court forthwith upon payment of the claim or provision of security for the payment of the claim.\n\n........................................................  \nApplicant\n\n........................................................  \nDate\n\n*See section 5 and delete that which is not applicable.\n\n**Form 2**\n\n*Restraint of Debtors Act 1984*\n\n[Sections 6, 7 and 15]\n\nWARRANT FOR ARREST OF DEBTOR\n\nTo all non‑commissioned officers and constables in the Western Australian Police Force.\n\nWHEREAS ............................................................................................................ of ............................................................................................................................ (hereinafter described as the debtor) appears to be indebted to ............................. of ............................................................................................................................ (hereinafter described as the applicant) in the sum of $...................., for debt and $.................... for costs and the applicant has applied under section ..................... for a warrant for the debtor to be arrested and brought before the court specified hereunder.\n\nYOU are hereby required —\n\n(a) to arrest the said debtor, and to lodge him in the custody of the officer in charge of the nearest police station;\n\n(b) to serve the debtor with a copy of this warrant and where the warrant was issued under section 6 or 7 a copy of the application upon which the warrant was issued and any further affidavit in support of the application.\n\nThis warrant further requires you the officer in charge of that police station to cause the debtor (unless he may otherwise be lawfully released) to be brought before the specified court within 24 hours of receiving the debtor into custody or as soon as is practicable thereafter.\n\nThe debtor shall be forthwith released from custody —\n\n(a) if he —\n\n(i) tenders to the applicant, in a form acceptable to the applicant, the amount of money specified above and the costs so specified;\n\n(ii) gives security to the satisfaction of the applicant for the payment of the moneys in this warrant; or\n\n(iii) pays to the officer in charge of the police station for deposit with the specified court the amount of money specified in this warrant to abide the determination of the claim; or\n\n(b) if —\n\n(i) the applicant consents in writing to the release of the debtor; or\n\n(ii) a court directs the release of the debtor.\n\nSpecified court ........................................................\n\nDated at on 20 .\n\n........................................................\n\nJudicial Officer  \nMagistrate  \nJustice\n\nEndorsement.\n\nThis warrant was executed by me at am/pm on  \n20 , at .\n\nSigned ........................................................\n\nPolice number ..............................................\n\n**Form 3**\n\n*Restraint of Debtors Act 1984*\n\n[Section 6]\n\nSUMMONS\n\nTo ........................................................................................................................... of ............................................................................................................................\n\nWHEREAS it has been alleged by ........................................................................ .............................................................. of ............................................................. .................................................................................. (hereinafter described as the applicant) that you are indebted to him in the sum of $................, and the sum of $..............., for costs, and that you are about to leave the State *and* an application has been made for a warrant to issue for the purpose of preventing you from leaving the State:\n\nYOU ARE hereby summoned to attend the court specified below on the date and at the time indicated to answer the allegation.\n\nIf you fail to attend in response to this summons a warrant may issue for your arrest.\n\nHowever, you are not required to appear if —\n\n(a) you have tendered to the applicant the amount of money specified above; or\n\n(b) you have given security to the satisfaction of the applicant for the payment of the money so specified; or\n\n(c) you have deposited with the court specified herein the amount of money referred to above, to abide the determination of the claim.\n\nAt the hearing the court may with your consent, and that of the applicant, hear and determine the claim for the alleged debt whether it otherwise has jurisdiction or not, or decline to hear it, or make an order for costs.\n\nThe place, date and time of attendance are ............................................................ court ............................................ 20 , .................. am/pm.\n\nSigned at on 20 .\n\n........................................................  \nJudge, Magistrate, Justice\n\n**Form 4**\n\n*Restraint of Debtors Act 1984*\n\n[Section 10]\n\nNOTICE\n\nTo * the Registrar Supreme/District Court/Magistrates Court  \nat ........................................................\n\nIn the matter of .................................................................................... (applicant) and ...................................................................................... (hereinafter described as the debtor).\n\nWHEREAS a summons pursuant to section 6 was issued to the debtor requiring his appearance in your court  \non ........................................................  \nat ........................................................\n\nNOTICE is hereby given that the debtor has —\n\n*(a) tendered to me in an acceptable form the amount of money specified;\n\n*(b) given security to my satisfaction for the amount specified.\n\nDated 20 .\n\n........................................................  \nApplicant\n\n*delete as appropriate.\n\n[Form 4 amended: Gazette 31 Jul 2007 p. 3804.]\n\n**Form 5**\n\n*Restraint of Debtors Act 1984*\n\n[Section 13]\n\nRETURN TO WARRANT WHERE DEBTOR RELEASED\n\nIn the matter of ....................................................................................... applicant and ...................................................................................... (hereinafter described as the debtor.)\n\nWhereas the debtor has been detained in my custody pursuant to a warrant issued under section ........................... and dated ........................... 20 ,  \nand whereas —\n\n*(a) the debtor has —\n\n*(i) tendered to the applicant;\n\n*(ii) given security to the applicant; or\n\n*(iii) paid to me for deposit with the court,\n\nthe sum of $ (being the amount claimed plus costs); or\n\n*(b) the applicant has consented in writing to the release of the debtor,\n\nthe debtor is entitled to be released from custody, and has accordingly been released from custody.\n\nTo Registrar  \nCourt\n\n........................................................  \nSignature  \nOfficer in charge  \nPolice Station\n\n*delete as appropriate.\n\n[Form 5 amended: Gazette 31 Jul 2007 p. 3804.]\n\n**Form 6**\n\n*Restraint of Debtors Act 1984*\n\n[Sections 14, 16, 18, 19, 20 and 22]\n\nORDER\n\nWhereas .................................................................................................................. of ............................................................................................................................ (hereinafter described as the debtor) has been brought before me pursuant to the application of ......................................................................................................... of ............................................................................................................................ (hereinafter called the applicant) under section ..................................................... and having heard the parties,\n\nIt is ordered\n\nDated at on 20\n\n........................................................  \nJudge, Magistrate, Justice\n\n**Form 7**\n\n*Restraint of Debtors Act 1984*\n\n[Section 16(4)]\n\nTO: The Officer in charge of police at ................................................................ and all other non‑commissioned officers and constables in the Western Australian Police Force.\n\nWhereas .................................................................................................................. of ............................................................................................................................ (hereinafter described as the debtor) was on .......................................................... ........................................................... released from custody pursuant to an order made under section 14 or Part V.\n\nThat order for release having now been revoked by me, the debtor is to be detained in custody until he can again be taken before the court.\n\n........................................................  \nJudge, Magistrate, Justice\n\n**Form 8**\n\n*Restraint of Debtors Act 1984*\n\n[Section 17]\n\nAPPLICATION FOR RESTRAINING ORDER\n\nTo * ........................................................ Court\n\n*(a) being the court where proceedings in respect of the alleged debt to which the application relates have been commenced;\n\n*(b) in any other case, being a court in which proceedings might be commenced in respect of the alleged debt to which the application relates.\n\n(Insert appropriate court and delete (a) or (b) as the case may be)\n\nI, ............................................................................................................................. of ............................................................................................................................ (hereinafter described as the applicant) say that .................................................... of ........................................................ (hereinafter described as the debtor) is indebted to me in the sum of $ , and hereby apply for an order:\n\n(a) restraining the transfer of ........................................................................ ................................................................................................................. being property of the debtor that is situated in the State; or\n\n(b) restraining the removal from the State of ............................................... ................................................................................................................. being property of the debtor that is situated in the State.\n\nAttached hereto is my affidavit in support of this application.\n\n........................................................  \nApplicant\n\n........................................................  \nDate\n\nNotes\n\n1 This is a compilation of the *Restraint of Debtors Regulations 1986* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Restraint of Debtors Regulations 1986* | 4 Jul 1986 p. 2286‑90 | 11 Jul 1986 (see r. 2 and *Gazette* 11 Jul 1986 p. 2333) |\n| *Restraint of Debtors Amendment Regulations 1998* | 28 Aug 1998 p. 4756‑7 | 28 Sep 1998 (see r. 2 and *Gazette* 28 Aug 1998 p. 4754) |\n| **Reprint 1: The *Restraint of Debtors Regulations 1986* as at 12 Dec 2003** (includes amendments listed above) | | |\n| *Restraint of Debtors Amendment Regulations 2005* | 28 Apr 2005   p. 1766-7 | 1 May 2005 (see r. 2 and Gazette 31 Dec 2004 p. 7128) |\n| *Restraint of Debtors Amendment Regulations 2007* | 31 Jul 2007 p. 3803‑4 | r. 1 and 2: 31 Jul 2007 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Aug 2007 (see r. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nsection 2A\n","sortOrder":0}],"analysis":{"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":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was available for analysis. The page returned only a system error notice indicating the URL is no longer active on the WA legislation website."},"complexity_factors":["No legislative text was retrievable — the source page returned a 404-style error message","Cannot assess actual regulatory complexity without content","Score of 1 reflects absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"The Restraint of Debtors Regulations 1986 (WA), made under the Restraint of Debtors Act 1984, historically regulated court powers to prevent people pursued for unpaid debts from leaving Western Australia to frustrate enforcement. It matters to debtors, creditors and practitioners involved in debt recovery and enforcement.\n\nThe instrument’s text is currently unavailable online; check the Parliamentary Counsel’s Office for the official version."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulations have been amended since enactment (see Compilation table). Notable changes recorded in the instrument include insertion of regulation 2A (defining the term 'section') and amendments to regulations on notices, orders and applications (regs 8, 9, 10, 11, 12 annotated as amended) and the later insertion of a fee provision referencing the Magistrates Court (Fees) Regulations 2005 (reg 13). Amendments are shown in Gazette entries for 1998, 2005 and 2007, indicating iterative, mostly procedural scope adjustments rather than a broad change to the enforcement purpose."},"complexity_factors":["Prescribed standard forms for every procedural step (Forms 1–8) reduce interpretative complexity but create strict compliance demands.","Multiple institution interactions: applicants → courts → police → registrars; timing and notice requirements increase operational steps (regs 3–6, 7, 8).","Cross‑references to the primary Act and to external fees regulation (Magistrates Court (Fees) Regulations 2005) add dependency on other instruments (reg 13).","Detailed money handling and trust/account procedures require administrative controls (reg 12).","Amendments across years (1998, 2005, 2007) mean users must consult consolidated text and amendment history (Compilation table).","Fixed monetary penalty for regulatory non‑compliance creates a defined but modest enforcement cost (reg 14)."],"plain_english_summary":"These regulations set the paperwork and step‑by‑step procedures for enforcing the Restraint of Debtors Act 1984 in Western Australia. They prescribe the forms and process for applying for warrants or summonses, how police and courts must arrest, lodge, release and account for detained debtors, and a small penalty for breaching the rules. \n\nThey affect creditors (applicants), named debtors, police officers and court registrars. Applicants must give specified notices and may pay prescribed fees; registrars hold deposited money in trust or forward it to the administering department (regs 3–6, 12–13)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: providing procedural machinery for the arrest and restraint of debtors under the 1984 Act. The amendments since 1986 have been minor housekeeping updates (updating form references, adjusting fee regulations, updating court names) rather than expansion of scope. The core function — prescribing forms and basic procedures for debtor arrest — has not changed."},"complexity_factors":["Short length (14 regulations plus 8 forms)","Minimal defined terms (only 1: 'section' in regulation 2A)","Straightforward procedural structure following the logical sequence of arrest → custody → release → orders","Heavy reliance on prescribed forms rather than complex legal drafting","Few cross-references (primarily to sections of the parent Act)","Simple penalty provision (single offence, fixed $200 penalty)","No nested exceptions or conditional logic beyond basic 'if/then' release conditions"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical procedures for arresting and restraining debtors who are trying to flee Western Australia to avoid paying their debts. They work alongside the *Restraint of Debtors Act 1984*.\n\n**Key things covered:**\n\n*   **Forms:** Prescribes the exact forms to use for warrants, summonses, notices, and court orders (Forms 1–8). For example, Form 1 is the application to have someone arrested, Form 2 is the actual arrest warrant.\n*   **Arrest process:** Details how police must execute warrants — taking the debtor to the nearest police station and bringing them before a court within 24 hours.\n*   **Release conditions:** Explains when a debtor must be released from custody, such as if they pay the debt, provide security (a guarantee of payment), or if the applicant consents.\n*   **Money handling:** Requires money paid by debtors to be held in trust by the court registry or a government department until the dispute is resolved.\n*   **Fees:** Links the cost of executing a warrant to the Magistrates Court fee schedule.\n*   **Offences:** Makes it an offence to breach the regulations, with a penalty of $200.\n\n**Who it affects:**\n\n*   **Creditors (applicants):** People or businesses owed money who want to stop a debtor from leaving the state.\n*   **Debtors:** People who owe money and are at risk of being arrested if they try to leave WA.\n*   **Police:** Officers who must execute warrants and manage custody.\n*   **Court staff:** Registrars who handle applications, money, and documentation.\n\n**Why it matters:**\n\nThis is a **draconian** (harsh) debt collection mechanism — it allows people to be arrested and imprisoned for civil debts (not crimes). The regulations ensure there are procedural safeguards, such as requiring court oversight, proper notice, and clear release conditions. However, the regime itself is controversial because it treats debt avoidance as grounds for deprivation of liberty."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/restraint-of-debtors-regulations-1986","history":"/api/acts/restraint-of-debtors-regulations-1986/history","analysis":"/api/acts/restraint-of-debtors-regulations-1986/analysis","conflicts":"/api/acts/restraint-of-debtors-regulations-1986/conflicts","importantCases":"/api/acts/restraint-of-debtors-regulations-1986/important-cases","documents":"/api/acts/restraint-of-debtors-regulations-1986/documents"}}