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FAMILY COURT ACT 1997 - SECT 234

FAMILY COURT ACT 1997 - SECT 234

234 .         Contempt — FLA s. 112AP

        (1)         Subject to subsection (1a), this section applies to a contempt of a court that —

            (a)         does not constitute a contravention of an order under this Act; or

            (b)         constitutes a contravention of an order under this Act and involves a flagrant challenge to the authority of the court.

        (1a)         This section does not apply to a contempt that constitutes a contravention of a maintenance order if the order has been complied with before the matter of the contravention comes before the court.

        (2)         Despite any other law, a court may punish a person for contempt of that court.

        (3)         The rules may provide for practice and procedure as to charging a person with contempt of court, the hearing of the charge and dealing with a person so charged.

        (4)         Where a natural person is in contempt of a court, the court may punish the contempt by committal to prison or fine or both.

        (5)         Where a corporation is in contempt of a court, the court may punish the contempt by sequestration or fine or both.

        (6)         For the purposes of this section, a court may make an order for —

            (a)         punishment on terms; or

            (b)         suspension of punishment; or

            (c)         the giving of security for good behaviour.

        (7)         Where a person is committed to prison for a term for contempt of a court, the court may order the person’s discharge before the expiry of that term.

        (8)         To avoid doubt, the serving by a person of a period of imprisonment as a result of a contempt of a court arising out of a failure by the person to make a payment in respect of the maintenance of another person does not affect the first-mentioned person’s liability to make the payment.

        [Section 234 amended: No. 25 of 2002 s. 27.]