Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FAMILY LAW ACT 1975 - SECT 112AD

Sanctions for failure to comply with orders

             (1)  If a court having jurisdiction under this Act is satisfied that a person has, without reasonable excuse, contravened an order under this Act, 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 (2), being a sanction or sanctions that the court considers to be the most appropriate in the circumstances.

          (1A)  The power given to the 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.

             (2)  The sanctions that are available to be imposed by the court are:

                     (a)  to require the person to enter into a bond in accordance with section 112AF; or

                     (b)  to impose a sentence by order on the person, or make an order directed to the person, in accordance with section 112AG; or

                     (c)  to fine the person not more than 60 penalty units; or

                     (d)  subject to subsection (2A), to impose a sentence of imprisonment on the person in accordance with section 112AE.

          (2A)  The court must not impose a sentence of imprisonment on the person under paragraph (2)(d) in respect of a contravention of a maintenance order unless the court is satisfied that the contravention was intentional or fraudulent.

             (3)  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.

             (4)  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.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback