Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 21.01

Application of Part 21.1
This Part applies to an application for an order:

(a)
to enforce a parenting order;

(b)
under Division 13A of Part VII of the Act, because it is alleged that a person has contravened an order affecting children;

(c)
under Part XIIIA of the Act, because it is alleged that a person has contravened an order not affecting children; or

(d) that another person be punished for contempt of court.

Note 1
Subsection 69C (2) of the Act specifies who may apply for an order in relation to a child.
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 Form 18 being filed does not constitute a contravention of the maintenance order (see subsection 112AP (1A) of the 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 70NJ (6) and 112AD (2A) of the Act); or
(ii) if it considers that another consequence is more appropriate (see subsections 70NO (2) and 112AE (2) of the 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 Act and regulation 17 of the Regulations).



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