South Australian Consolidated Acts

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FAMILY AND COMMUNITY SERVICES ACT 1972 - SECT 105

105—Where order made during pregnancy

        (1)         Where an order is made for payment of, or contribution towards, preliminary expenses during the pregnancy of the woman, the order must—

            (a)         specify a date on which the order will cease to have effect if the woman has not then been delivered of a child; and

            (b)         direct that all money payable for preliminary expenses must be paid to the Chief Executive Officer.

        (2)         Where—

            (a)         the woman is not delivered of a child before the date specified in the order; or

            (b)         the woman is delivered of a stillborn child before the date so specified, and there is no other surviving child born to the woman during the same confinement,

the order ceases to have effect on the date specified in the order, or at the end of the third month after the delivery of the stillborn child, as the case may require.

        (3)         Where an order ceases to have effect on a date specified in it pursuant to the provisions of subsection (1), any money paid under the order and not disbursed must be repaid to the defendant.

        (4)         Where an order ceases to have effect at the end of the third month after the delivery of a stillborn child any money paid under the order and not disbursed must, as directed by the court—

            (a)         be paid to the woman; or

            (b)         be repaid to the defendant; or

            (c)         be divided between the woman and the defendant in such proportions as the court thinks fit.

        (5)         Where an order is made for payment of, or contribution towards, preliminary expenses during the pregnancy of a woman, the court may, at any time while the order is in force, give such directions in writing as it thinks proper with respect to the disbursement of any amounts paid under the order, but not so as to direct the disbursement, before the woman is delivered of a child or a stillborn child, of amounts that exceed in aggregate one-half of the amount to be paid under the order.



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