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FAMILY COURT ACT 1997 - SECT 226

FAMILY COURT ACT 1997 - SECT 226

226 .         Sanctions for failure to comply with orders — FLA s. 112AD

        (1)         If —

            (a)         a court is satisfied that a person has contravened an order under this Act; and

            (b)         the person does not prove on the balance of probabilities that the person had a reasonable excuse for contravening the order,

                then the court may make an order for the imposing, in respect of the person, of one or more of the sanctions available to be imposed under subsection (3) that it considers to be appropriate in the circumstances.

        (2)         The power given to a court under subsection (1) in respect of a contravention of a maintenance order applies even if the order has been complied with before the matter of the contravention comes before the court.

        (3)         The sanctions that are available to be imposed by a court are —

            (a)         to require the person to enter into a bond in accordance with section 228; or

            (b)         to impose a sentence by order on the person, or make an order directed to the person, in accordance with section 229; or

            (c)         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

            (d)         subject to subsection (4), to impose a sentence of imprisonment on the person in accordance with section 227.

        (4)         A court must not impose a sentence of imprisonment on a person under subsection (3)(d) in respect of the contravention of a maintenance order unless the court is satisfied that the contravention was intentional or fraudulent.

        (5)         An order under subsection (1) may be expressed to take effect immediately, or at the end of a specified period or on the occurrence of a specified event.

        (6)         Where a court makes an order under subsection (1), the court may make such other orders as the court considers necessary to ensure compliance with the order that was contravened.

        [Section 226 amended: No. 25 of 2002 s. 19; No. 35 of 2006 s. 53 and 76.]