Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FAMILY LAW ACT 1975 - SECT 70NFB

Powers of court

             (1)  If this Subdivision applies, the court must, in relation to the person who committed the current contravention:

                     (a)  make an order under paragraph (2)(g), unless the court is satisfied that it would not be in the best interests of the child concerned to make that order; and

                     (b)  if the court makes an order under paragraph (2)(g)--consider making another order (or other orders) under subsection (2) that the court considers to be the most appropriate of the orders under subsection (2) in the circumstances; and

                     (c)  if the court does not make an order under paragraph (2)(g)--make at least one order under subsection (2), being the order (or orders) that the court considers to be the most appropriate of the orders under subsection (2) in the circumstances.

             (2)  The orders that are available to be made by the court are:

                     (a)  if the court is empowered under section 70NFC to make a community service order--to make such an order; or

                     (b)  to make an order requiring the person to enter into a bond in accordance with section 70NFE; or

                     (c)  if the current contravention is a contravention of a parenting order in relation to a child--to make a further parenting order that compensates a person for time the person did not spend with the child (or the time the child did not live with the person) as a result of the current contravention, unless it would not be in the best interests of the child concerned to make that order; or

                     (d)  to fine the person not more than 60 penalty units; or

                     (e)  subject to subsection (7), to impose a sentence of imprisonment on the person in accordance with section 70NFG; or

                      (f)  if:

                              (i)  the current contravention is a contravention of a parenting order in relation to a child; and

                             (ii)  the current contravention resulted in a person not spending time with the child (or the child not living with a person for a particular period); and

                            (iii)  the person referred to in subparagraph (ii) reasonably incurs expenses as a result of the contravention;

                            to make an order requiring the person who committed the current contravention to compensate the person referred to in subparagraph (ii) for some or all of the expenses referred to in subparagraph (iii); or

                     (g)  to make an order that the person who committed the current contravention pay all of the costs of another party, or other parties, to the proceedings under this Division; or

                     (h)  to make an order that the person who committed the current contravention pay some of the costs of another party, or other parties, to the proceedings under this Division.

Note:          The court may also vary the primary order under Subdivision B.

             (3)  If a court varies or discharges under section 70NFD a community service order made under paragraph (2)(a), the court may give any directions as to the effect of the variation or discharge that the court considers appropriate.

             (4)  The court must not make an order imposing a sentence of imprisonment on a person under this section in respect of a contravention of a child maintenance order made under this Act unless the court is satisfied that the contravention was intentional or fraudulent.

             (5)  The court must not make an order imposing a sentence of imprisonment on a person under this section in respect of:

                     (a)  a contravention of an administrative assessment of child support made under the Child Support (Assessment) Act 1989 ; or

                     (b)  a breach of a child support agreement made under that Act; or

                     (c)  a contravention of an order made by a court under Division 4 of Part 7 of that Act for a departure from such an assessment (including such an order that contains matters mentioned in section 141 of that Act).

             (6)  An order under this section may be expressed to take effect immediately, at the end of a specified period or on the occurrence of a specified event.

             (7)  When a court makes an order under this section, the court may make any other orders that the court considers necessary to ensure compliance with the order that was contravened.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback