Commonwealth Numbered Acts

Family Law Amendment Act 1983 No. 72 of 1983 - SECT 64

64. Section 114 of the Principal Act is amended-

   (a)  by omitting sub-section (1) and substituting the following
        sub-section:

''(1) In proceedings of the kind referred to in paragraph (e) of the
definition of 'matrimonial cause' in sub-section 4 (1), the court may make
such order or grant such injunction as it thinks proper with respect to the
matter to which the proceedings relate, including-

   (a)  an injunction for the personal protection of a party to the marriage
        or of a child of the marriage;

   (b)  an injunction restraining a party to the marriage from entering or
        remaining in the matrimonial home or the premises in which the other
        party to the marriage resides, or restraining a party to the marriage
        from entering or remaining in a specified area, being an area in which
        the matrimonial home is, or the premises in which the other party to
        the marriage resides are, situated;

   (c)  an injunction restraining a party to the marriage from entering the
        place of work of the other party to the marriage or restraining a
        party to the marriage from entering the place of work or the place of
        education of a child of the marriage;

   (d)  an injunction for the protection of the marital relationship;

   (e)  an injunction in relation to the property of a party to the marriage;
        or

   (f)  an injunction relating to the use or occupancy of the matrimonial
        home.''; and

   (b)  by omitting sub-section (6) and substituting the following
        sub-section:

''(6) Where an act or omission by a person that constitutes a contravention or
failure to comply with a provision of this section is an offence against any
law, the person may be prosecuted and convicted under that law, but nothing in
this sub-section renders any person liable to be punished twice in respect of
the same act or omission.''.