Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 112AE

Sentences of imprisonment

             (1)  A sentence of imprisonment imposed on a person pursuant to paragraph 112AD(2)(d) shall be expressed to be:

                     (a)  for a specified period of 12 months or less; or

                     (b)  for a period ending when the person:

                              (i)  complies with the order concerned; or

                             (ii)  has been imprisoned pursuant to the sentence for 12 months or such lesser period as is specified by the court;

                            whichever happens first.

             (2)  A court shall not sentence a person to imprisonment pursuant to paragraph 112AD(2)(d) unless the court is satisfied that, in all the circumstances of the case, it would not be appropriate for the court to deal with the contravention pursuant to any of the other paragraphs of subsection 112AD(2).

             (3)  If a court sentences a person to imprisonment pursuant to paragraph 112AD(2)(d), the court shall:

                     (a)  state the reasons why it is satisfied as mentioned in subsection (2); and

                     (b)  cause those reasons to be entered in the records of the court.

             (4)  The failure of a court to comply with subsection (3) does not invalidate a sentence.

          (4A)  A court that sentences a person to imprisonment under paragraph 112AD(2)(d) may:

                     (a)  suspend the sentence upon the terms and conditions determined by the court; and

                     (b)  terminate a suspension made under paragraph (a).

             (5)  A court, when sentencing a person to imprisonment under paragraph 112AD(2)(d) may, if it considers it appropriate to do so, direct that the person be released upon the person entering into a bond described in subsection (6) after he or she has served a specified part of the term of imprisonment.

             (6)  A bond for the purposes of subsection (5) is a bond (with or without surety or security) that the person will be of good behaviour for a specified period of up to 2 years.

             (7)  Without limiting the circumstances in which a court may discharge an order under section 112AK, a court that has sentenced a person to imprisonment for a period expressed as provided by paragraph (1)(b) may order the release of the person if it is satisfied that the person will, if he or she is released, comply with the order concerned.

             (8)  To avoid doubt, the serving by a person of a period of imprisonment under a sentence imposed on the person under paragraph 112AD(2)(d) for a failure to make a payment under a maintenance order does not affect the person's liability to make the payment.



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