FAMILY COURT ACT 1997 - SECT 205SB
FAMILY COURT ACT 1997 - SECT 205SB
205SB . Powers of court — FLA s. 70NFB
(1) If this
Subdivision applies, a court must, in relation to the person who committed the
current contravention —
(a) make
an order under subsection (2)(g), unless the court is satisfied that it would
not be in the best interests of the child concerned to make that order; and
(b) if
the court makes an order under subsection (2)(g), consider making another
order (or other orders) under subsection (2) that the court considers to be
the most appropriate of the orders under subsection (2) in the circumstances;
and
(c) if
the court does not make an order under subsection (2)(g), make at least one
order under subsection (2), being the order (or orders) that the court
considers to be the most appropriate of the orders under subsection (2) in the
circumstances.
(2) The orders that
are available to be made by a court are —
(a) a
community service order of a kind referred to in, and in accordance with,
section 205SC; or
(b) an
order requiring the person to enter into a bond in accordance with
section 205SE; or
(c) if
the current contravention is a contravention of a parenting order in relation
to a child, a further parenting order that compensates a person for time the
person did not spend with the child (or the time the child did not live with
the person) as a result of the current contravention, unless it would not be
in the best interests of the child concerned to make that order; or
(d) to
fine the person —
(i)
in the case of a natural person, not more than $6 600; or
(ii)
in the case of a body corporate, not more than $33 000;
or
(e)
subject to subsection (7), to impose a sentence of imprisonment on the person
in accordance with section 205SG; or
(f) if
—
(i)
the current contravention is a contravention of a
parenting order in relation to a child; and
(ii)
the current contravention resulted in a person not
spending time with the child (or the child not living with a person for a
particular period); and
(iii)
the person referred to in subparagraph (ii) reasonably
incurs expenses as a result of the contravention,
to make an order
requiring the person who committed the current contravention to compensate the
person referred to in subparagraph (ii) for some or all of the expenses
referred to in subparagraph (iii); or
(g) to
make an order that the person who committed the current contravention pay all
of the costs of another party, or other parties, to the proceedings under this
Division; or
(h) to
make an order that the person who committed the current contravention pay some
of the costs of another party, or other parties, to the proceedings under this
Division.
(3) If a court varies
or discharges under section 205SD a community service order made under
subsection (2)(a), the court may give any directions as to the effect of the
variation or discharge that the court considers appropriate.
(4) A court must not
make an order imposing a sentence of imprisonment on a person under this
section in respect of a contravention of a child maintenance order made under
this Act unless the court is satisfied that the contravention was intentional
or fraudulent.
(5) A court must not
make an order imposing a sentence of imprisonment on a person under this
section in respect of —
(a) a
contravention of an administrative assessment of child support made under the
Child Support (Assessment) Act; or
(b) a
breach of a child support agreement made under that Act; or
(c) a
contravention of an order made by a court under Division 4 of Part 7 of that
Act for a departure from such an assessment (including such an order that
contains matters mentioned in section 141 of that Act).
(6) An order under
this section may be expressed to take effect immediately, at the end of a
specified period or on the occurrence of a specified event.
(7) When a court makes
an order under this section, the court may make any other orders that the
court considers necessary to ensure compliance with the order that was
contravened.
[Section 205SB inserted: No. 35 of 2006 s. 101.]