DEBTORS ACT 1936






TABLE OF PROVISIONS


 1.    Short title
 3.    Abolition of imprisonment for debt
 4.    Penalty for debtor absconding or attempting to abscond

 
Legislative history
 

 


DEBTORS ACT 1936
 - LONG TITLE
An Act relating to debtors.


DEBTORS ACT 1936

- SECT 1
1--Short
title

This Act may be cited as the Debtors Act 1936.


DEBTORS ACT 1936

- SECT 3
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.


DEBTORS ACT 1936

- SECT 4
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.


DEBTORS ACT 1936
 - NOTES


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