Western Australian Current Acts Western Australian Current Acts (1) The power of the
judges, or a majority of them, under section 244 to make rules extends to
making rules for or in relation to, or for or in relation to anything
incidental to, the enforcement by a court of —
(a) an
order under this Act affecting children; or
(b) an
order under this Act (within the meaning of section 223); or
(c) the
Child Support (Registration and Collection) Act; or
(d) the
Child Support (Assessment) Act.
(2) Without limiting
the generality of subsection (1), the rules may make provision for and in
relation to —
(a)
requiring a person to do any one or more of the following —
(i)
to attend before a court or registrar and answer
questions or produce documents;
(ii)
to deliver a document or article to, or to a person
specified by, a court or registrar;
(iii)
to transfer the ownership of specified property to
another person;
(iv)
to give another person possession (including exclusive
possession) of specified property;
(v)
to deliver a specified chattel to another person;
(vi)
to do, or abstain from doing, any other act;
and
(b)
prescribing the practice and procedure to be followed for a hearing before a
court or registrar for the purpose of giving effect to a requirement made
under paragraph (a)(i); and
(c)
taking any one or more of the actions mentioned in subsection (3) in respect
of a person who —
(i)
fails to pay the amount of a fine imposed under Part 5
Division 13 or under Part 10 Division 2; or
(ii)
fails to pay an amount payable under a bond entered into
under Part 5 Division 13 or under Part 10 Division 2; or
(iii)
fails to pay under section 123 an amount of maintenance
for a person who is 18 or more years of age; or
(iv)
fails to pay an amount payable under a registered
maintenance liability under the
Child Support (Registration and Collection) Act or the Child Support
(Assessment) Act ; or
(v)
fails to comply with a requirement made as referred to in
paragraph (a);
and
(d)
delegating to a registrar all or any of the powers conferred on a court by
rules referred to in this section.
(3) Subject to
subsection (4), the actions in respect of a person the taking of which may be
provided for by rules as mentioned in subsection (2)(c) are as follows —
(a) the
issue of a warrant for the arrest of the person;
(b) the
issue of a warrant of execution against property of the person;
(c) the
making of an order authorising the taking of possession of property of the
person;
(d) the
making of an order for the sequestration, and if necessary the sale, of
property of the person;
(e) the
making of an order for the attachment, by garnishment or attachment of
earnings, of debts owed to the person;
(f) the
appointment of a receiver of property of the person.
(4) A reference in
subsection (2)(c) to a failure to pay an amount is a reference to any such
failure irrespective of the length of the period during which the failure has
continued, and includes a reference to a failure to pay part of an amount.
(5) In this section
—
property means real or personal property;
registrar means —
(a) in
relation to the Court, the Principal Registrar, a registrar or a deputy
registrar; and
(b) in
relation to the Magistrates Court, means the registrar of that court at the
place where that court was held.
[Section 220A inserted: No. 25 of 2002 s. 13;
amended: No. 59 of 2004 s. 95; No. 35 of 2006 s. 177.]