Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsThis Division applies to an application for an order:
(a) under Division 13A of Part VII of the Family Law Act; or
(b) under Part XIIIA of the Family Law Act.
Note 1 Subsection 69C (2) of the Family Law Act specifies who may apply for an order in relation to a child. Division 13A of Part VII of the Family Law Act sets out the consequences of failing to comply with an order or other obligation that affects children. Part XIIIA of the Family Law Act sets out the sanctions the Court may impose on a person who fails to comply with an order or other obligation that does not affect children. Part XIIIB of the Family Law Act sets out the punishment the Court may impose on a person found to be in contempt of court.
Note 2 If a maintenance order is complied with before an application for contravention (Form 18) is heard by the Court, the failure to comply with the order that led to the application being filed does not constitute a contravention of the maintenance order (see subsection 112AP (1A) of the Family Law Act).
Note 3 The Court:
(a) must not impose a sentence of imprisonment:
(i) for non‑compliance with a maintenance order unless it is satisfied that the contravention was intentional or fraudulent (see subsections 70NFB (4) and 112AD (2A) of the Family Law Act); or
(ii) if it considers that another consequence is more appropriate (see subsections 70NFG (2) and 112AE (2) of the Family Law Act); and
(b) cannot enforce an order of another court unless the order is registered in the first‑mentioned court (see section 105 of the Family Law Act and regulation 17 of the Family Law Regulations).
Note 4 Part 19 sets out the rules relating to contempt.