Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 44

Court not to commit to prison in certain cases

44. Court not to commit to prison in certain cases



(1) The Court shall not commit a defendant to prison pursuant to this
Subdivision if it is satisfied-

   (a)  that the defendant has not and has not had the means and ability and
        could not by reasonable effort have had the means and ability to
        comply with the original order; or

   (b)  that for any other reason the original order should not be enforced by
        imprisonment.

(2) If the Court in committing a defendant to prison under this Subdivision
for the non-payment of a sum is aware that it has previously refused to commit
the defendant to prison under this Subdivision for non-payment of a sum (in
this subsection referred to as the original sum) included in that sum, the
court shall only have regard to the amount by which the sum still due and
unpaid exceeds the original sum unless it is satisfied that, since that
refusal, the means and ability of the defendant to pay the original sum have
so altered as to make it reasonable for him now to be committed to gaol for
non-payment of the original sum.