South Australia act

Debtors Act 1936

In ForceSA

Jurisdiction

South Australia

Collection

act

Plain English Summary

3/10 complexity

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.

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Debtors Act 1936

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. Legislative history Notes • Please 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. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For 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. Legislation repealed by principal Act The Debtors Act 1936 repealed the following: Intercolonial Debts Act 1887 Abolition of Imprisonment for Debt Act (No. 466 of 1889) Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 1936 2266 Debtors Act 1936 13.8.1936 13.8.1936 1991 69 Statutes Repeal and Amendment (Courts) Act 1991 12.12.1991 6.7.1992 (Gazette 2.7.1992 p209) 1994 59 Criminal Law Consolidation (Felonies and Misdemeanours) Amendment Act 1994 27.10.1994 1.1.1995 (Gazette 8.12.1994 p1942) 2003 44 Statute Law Revision Act 2003 23.10.2003 Sch 1—24.11.2003 (Gazette 13.11.2003 p4048) 2005 56 Justices of the Peace Act 2005 17.11.2005 Sch 2 (cl 17)—1.7.2006 (Gazette 22.6.2006 p2012) 2006 44 Statutes Amendment (Justice Portfolio) Act 2006 14.12.2006 Pt 11 (ss 17 & 18)—18.1.2007 (Gazette 18.1.2007 p234) Provisions amended since 3 February 1976 New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended by 44/2003 s 3(1) (Sch 1) 24.11.2003 s 2 deleted by 44/2003 s 3(1) (Sch 1) 24.11.2003 heading preceding s 3 deleted by 44/2003 s 3(1) (Sch 1) 24.11.2003 s 3

s 3(1) s 3(c) and (d) deleted by 69/1991 s 6(a) 6.7.1992

s 3 amended by 69/1991 s 6(b) 6.7.1992

s 3 amended and redesignated as s 3(1) by 44/2003 s 3(1) (Sch 1) 24.11.2003

amended by 56/2005 Sch 2 cl 17 1.7.2006 s 3(2)—(4) s 3(i)—(iii) redesignated as s 3(2)—(4) by 44/2003 s 3(1) (Sch 1) 24.11.2003 s 3(5) s 3(iv) redesignated as s 3(5) by 44/2003 s 3(1) (Sch 1) 24.11.2003

deleted by 44/2006 s 17 18.1.2007 heading preceding s 4 deleted by 44/2003 s 3(1) (Sch 1) 24.11.2003 s 4 amended by 59/1994 Sch 2 1.1.1995

amended by 44/2006 s 18 18.1.2007 Historical versions Reprint No 1—6.7.1992

Reprint No 2—1.1.1995

Reprint No 3—24.11.2003

1.7.2006

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Debtors Act 1936

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