Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 112AH

Failure to comply with sentence passed, or order made, pursuant to paragraph 112AD(2)(b)

             (1)  This section applies where a court has, pursuant to paragraph 112AD(2)(b):

                     (a)  imposed a sentence on a person; or

                     (b)  made an order directed to a person.

             (2)  If the court (whether or not constituted by the judge or magistrate who imposed the sentence or made the order) is satisfied that the person has, without reasonable excuse, failed to comply with:

                     (a)  the sentence or order; or

                     (b)  any requirements made in relation to the sentence or order by or under the applied provisions;

the court may take action under subsection (8).

             (8)  The court may:

                     (a)  without prejudice to the continuance of the sentence or order, impose a fine not exceeding 10 penalty units on the person; or

                     (b)  revoke the sentence or order and, subject to subsection (9), deal with the person, for the contravention in respect of which the sentence was passed or the order was made, in any manner in which he or she could have been dealt with for that contravention if:

                              (i)  the sentence had not been imposed, or the order had not been made; and

                             (ii)  the person was before the court under section 112AD in respect of the contravention.

Note:          For the value of a penalty unit, see subsection 4AA(1) of the Crimes Act 1914 .

             (9)  In dealing with the person as mentioned in paragraph (8)(b), the court shall, in addition to any other matters that it considers should be taken into account, take into account:

                     (a)  the fact that the sentence was imposed or the order was made;

                     (b)  anything done under the sentence or order; and

                     (c)  any fine imposed, and any other order made, for or in respect of the contravention.



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