Western Australian Current Acts

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FAMILY COURT ACT 1997 - SECT 205QA

205QA .         Procedure for enforcing bonds — FLA s. 70NECA

        (1)         If a court has made an order under section 205O(1)(d) requiring a person to enter into a bond in accordance with section 205P, the following provisions have effect.

        (2)         If the court (whether or not constituted by the judge or magistrate who required the bond to be entered into in accordance with section 205P) is satisfied that the person has, without reasonable excuse, failed to comply with the bond, the court may take action under subsection (3).

        (3)         The court may —

            (a)         without prejudice to the continuance of the bond entered into in accordance with section 205P, impose a fine not exceeding $1 100 on the person; or

            (b)         revoke the bond entered into in accordance with section 205P and, subject to subsection (4), deal with the person, for the contravention in respect of which the bond was entered into, in any manner in which the person could have been dealt with for the contravention if —

                  (i)         the bond had not been entered into; and

                  (ii)         the person was before the court under section 205O in respect of the contravention.

        (4)         In dealing with the person as mentioned in subsection (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 bond was entered into; and

            (b)         anything done pursuant to the bond; and

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

        [Section 205QA inserted: No. 13 of 2013 s. 31.]



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