(1) If —
(a) a
court is satisfied that a person has contravened an order under this Act; and
(b) the
person does not prove on the balance of probabilities that the person had a
reasonable excuse for contravening the order,
then the court may
make an order for the imposing, in respect of the person, of one or more of
the sanctions available to be imposed under subsection (3) that it considers
to be appropriate in the circumstances.
(2) The power given to
a court under subsection (1) in respect of a contravention of a maintenance
order applies even if the order has been complied with before the matter of
the contravention comes before the court.
(3) The sanctions that
are available to be imposed by a court are —
(a) to
require the person to enter into a bond in accordance with section 228; or
(b) to
impose a sentence by order on the person, or make an order directed to the
person, in accordance with section 229; or
(c) to
fine the person —
(i)
in the case of a natural person, not more than $6 600; or
(ii)
in the case of a body corporate, not more than $33 000;
or
(d)
subject to subsection (4), to impose a sentence of imprisonment on the person
in accordance with section 227.
(4) A court must not
impose a sentence of imprisonment on a person under subsection (3)(d) in
respect of the contravention of a maintenance order unless the court is
satisfied that the contravention was intentional or fraudulent.
(5) An order under
subsection (1) may be expressed to take effect immediately, or at the end of a
specified period or on the occurrence of a specified event.
(6) Where a court
makes an order under subsection (1), the court may make such other orders as
the court considers necessary to ensure compliance with the order that was
contravened.
[Section 226 amended: No. 25 of 2002 s. 19; No. 35
of 2006 s. 53 and 76.]