Commonwealth Numbered Acts

Family Law Amendment Act 1983 No. 72 of 1983 - SECT 70

70. After section 117 of the Principal Act the following sections are
inserted: Reparation for certain losses and expenses relating to children

''117A. (1) Where-

   (a)  a court has found for the purposes of sub-section 70 (6) that a person
        has knowingly and without reasonable cause contravened or failed to
        comply with a provision of section 70 by removing a child from the
        possession of another person or by refusing or failing to deliver a
        child to another person;

   (b)  a person has been convicted of an offence against section 70A in
        respect of a child;

   (c)  a court has found for the purposes of sub-section 114 (4) that a
        person has knowingly and without reasonable cause contravened or
        failed to comply with an injunction granted or an order made under
        section 114 by removing a child from the possession of another person
        or by refusing or failing to deliver a child to another person; or

   (d)  a person has been found to be in contempt of a court exercising
        jurisdiction under this Act by reason of having removed a child from
        the possession of another person or having refused or failed to
        deliver a child to another person,
a court having jurisdiction under this Act may, subject to sub-section (2)-

   (e)  on the application of the Commonwealth-order the person to make
        reparation to the Commonwealth or to a Commonwealth instrumentality,
        by way of money payment or otherwise, in respect of any loss suffered,
        or any expense incurred, by the Commonwealth or the Commonwealth
        instrumentality, as the case may be, in restoring the child to the
        possession of the person entitled to that possession; or

   (f)  on the application of any other person-order the first-mentioned
        person to make reparation to that other person, by way of money
        payment or otherwise, in respect of any loss suffered, or expense
        incurred, by that other person in restoring the child to the
        possession of the person entitled to that possession.

''(2) Nothing in sub-section (1) empowers a court to order a person to make
reparation to the Commonwealth, to a Commonwealth instrumentality or to
another person in respect of any loss suffered, or any expense incurred, where
a court has, under section 21B of the Crimes Act 1914, ordered the
first-mentioned person to make reparation to the Commonwealth, to the
Commonwealth instrumentality or to that other person, as the case may be, in
respect of the same loss suffered or expense incurred. Interest on moneys
ordered to be paid

''117B. (1) Subject to any order made by the court under sub-section (2),
where, in proceedings under this Act, a court makes an order for the payment
of money (other than an order for the payment by way of maintenance of a
periodic sum), interest is payable, at the rate prescribed by the regulations,
from-

   (a)  the date on which the order is made; or

   (b)  the date on which the order takes effect, whichever is later, on so
        much of the money as is from time to time unpaid.

''(2) A court that makes an order for the payment of money as mentioned in
sub-section (1) may order that interest is not payable on the money payable
under the first-mentioned order or may order-

   (a)  that interest is payable at a rate specified in the order, being a
        rate other than the rate prescribed by the regulations; or

   (b)  that interest is payable from a date specified in the order, being a
        date other than the date from which the interest would be payable
        under sub-section (1).
Offers of settlement

''117C. (1) Where a party to proceedings under this Act (other than
proceedings under Part VI or VII or proceedings to enforce a decree made under
Part VII) has made an offer in writing to the other party to the proceedings
to settle the proceedings on terms specified in the offer, the first-mentioned
party may file, in the court in which the proceedings are being heard, a copy
of the offer.

''(2) If a party to proceedings withdraws an offer a copy of which has been
filed as mentioned in sub-section (1), that party shall file, in the court
referred to in sub-section (1), notice that the offer has been withdrawn.

''(3) The fact that an offer has been made as mentioned in sub-section (1), or
the terms of such an offer, shall not be disclosed to the court except for the
purposes of the consideration by the court of whether it should make an order
as to costs under sub-section 117 (2) and the terms of any such order.''.