Document ID: chunk:federal_register_of_legislation:C2004A01223:clause:4_12
Version: federal_register_of_legislation:C2004A01223
Segment Type: clause
Provision Reference: sch 4 cl 12
Character Range: 39425–40329

12  After subsection 70NF(1)
Insert:

 (1A) For the purposes of paragraph (1)(c), this subsection applies if no court has previously:
 (a) made an order imposing a sanction or taking an action in respect of a contravention by the person of the primary order; or
 (b) under paragraph 70NG(1)(c), adjourned proceedings in respect of a contravention by the person of the primary order.

 (1B) For the purposes of paragraph (1)(c), this subsection applies if:
 (a) a court has previously:
 (i) made an order imposing a sanction or taking an action in respect of a contravention by the person of the primary order; or
 (ii) under paragraph 70NG(1)(c), adjourned proceedings in respect of a contravention by the person of the primary order; and
 (b) the court, in dealing with the current contravention, is satisfied that it is more appropriate for that contravention to be dealt with under this Subdivision.