South Australia: Debtors Act 1936 (SA)

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 Legislation repealed by principal Act The Debtors Act 1936 repealed the following: Intercolonial Debts Act 1887 Abolition of Imprisonment for Debt Act (No. 466 of 1889) Principal Act and amendments New entries appear in bold.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||