CTHRepealedAct
Bankruptcy Act 1924
Power of Court to try summarily or commiPower of Court to try summarily or commit for trial.
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### Power of Court to try summarily or commit for trial.
Cf. E.B.A., s. 163.
N.S.W., s. 130.
Vic., ss. 234, 235.
217.—(1.) If the Court, in any application for an order of discharge either voluntary or compulsory, has reason to believe that the bankrupt has been guilty of an offence against this Act punishable by imprisonment, it may—
(a) charge him with the offence and try him summarily; or
(b) commit him for trial before any Court of competent jurisdiction.
(2.) Where the Court tries the bankrupt summarily it shall serve him with a copy of the charge and appoint a day for him to answer it. On the day so appointed, the Court shall require the bankrupt to plead to the charge, and if the bankrupt admits the charge, or if after trial the Court finds that the bankrupt is guilty of the offence, the Court may sentence him to imprisonment for any period not exceeding six months.
(3.) At the summary trial, if the offence is not admitted, the Court may cause to be read to the bankrupt the evidence taken before the Court on which the charge is based, and that evidence shall thereupon be evidence in the trial; and the Court may take further evidence in support of the charge, and shall allow evidence and argument to be adduced on behalf of the bankrupt.
(4.) For the purpose of committing the bankrupt for trial, the Court shall have all the necessary powers as to taking depositions, binding over witnesses to appear, admitting the accused to bail, and otherwise.