Commonwealth Consolidated Acts

FAMILY LAW ACT 1975 - SECT 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)   In spite of any other law, a court having jurisdiction under this Act may punish a person for contempt of that court.

  (3)   The applicable Rules of Court may provide for practice and procedure as to charging with contempt and the hearing of the charge.

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

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

  (6)   The court may make an order for:

  (a)   punishment on terms;

  (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, 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.

  (9)   In this section:

"order under this Act" means an order under this Act affecting children or an order under this Act within the meaning of Part   XIIIA.