Commonwealth Consolidated Acts

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

FAMILY LAW ACT 1975 - SECT 70NFF

Procedure for enforcing community service orders or bonds

             (1)  If a court makes a community service order under paragraph 70NFB(2)(a) in respect of a person, or an order under paragraph 70NFB(2)(b) requiring a person to enter into a bond in accordance with section 70NFE, the following provisions have effect.

             (2)  If the court (whether or not constituted by the judge or magistrate who made the community service order or required the bond to be entered into in accordance with section 70NFE) is satisfied that the person has, without reasonable excuse, failed to comply with the order or bond, the court may take action under subsection (3).

             (3)  The court may:

                     (a)  without prejudice to the continuance of the community service order or the bond entered into in accordance with section 70NFE, impose a fine not exceeding 10 penalty units on the person; or

                     (b)  revoke the community service order or the bond entered into in accordance with section 70NFE and, subject to subsection (4), deal with the person, for the contravention in respect of which the community service order was made or the bond was entered into, in any manner in which the person could have been dealt with for the contravention if:

                              (i)  the community service order had not been made or the bond had not been entered into; and

                             (ii)  the person was before the court under section 70NFB in respect of the contravention.

             (4)  In dealing with the person as mentioned in paragraph (3)(b), the court must, in addition to any other matters that it considers should be taken into account, take into account:

                     (a)  the fact that the community service order was made or the bond was entered into; and

                     (b)  anything done under the community service order or pursuant to the bond; and

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



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback