The claim of right defence under s 9.5 of the Criminal Code (Cth) does not apply to the offence of failing to file a statement of affairs under s 54(1)(a) of the Bankruptcy Act 1966 (Cth), as the offence does not contain a physical element relating to property. An offence under s 54(1)(a), being punishable by a fine only, is a summary offence triable before a Magistrate, and s 80 of the Constitution does not require trial by jury for such offences.
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