Document ID: chunk:federal_register_of_legislation:C2004A03590:body:0:p34
Version: federal_register_of_legislation:C2004A03590
Segment Type: other
Provision Reference: 
Character Range: 82044–84806

notice has not been served on the respondent;
the court may, by order, authorise the arrest of the respondent under this section.
"(3) Where the court authorises the arrest of the respondent under this section, a police officer may arrest the respondent without warrant if the police officer believes, on reasonable grounds, that the respondent has, since the order was made, breached the injunction:
     (a) by causing bodily harm to a person for whose protection the injunction was granted; or
     (b) by entering or remaining in any place or area specified in the injunction.
"(4) Subsections 114aa (3), (4), (5) and (7) apply in relation to a person arrested under subsection (3) of this section as if the person had been arrested under subsection 114aa (2), an order had previously been made in relation to the person under subsection 114aa (1) and the applicant were the person on whose application that order had been made.
"(5) An order made by a court under subsection (2) expires:
     (a) if an expiration day earlier than 6 months after the making of the order is specified in the order—on that day; or
     (b) in any other case—6 months after the making of the order.

"Division 14—Miscellaneous

Institution of maintenance proceedings by authorised authority or person
"70e. The regulations may make provision with respect to authorising a prescribed authority of the Commonwealth or of a State or Territory, or the person from time to time holding or acting in a prescribed office established under a law of the Commonwealth or of a State or Territory, to institute and prosecute, in the discretion of the authority or person, proceedings in relation to the maintenance of a child on behalf of the child.".

Heading to Part VIII
36. The heading to Part VIII of the Principal Act is omitted and the following heading is substituted:

"PART VIII—PROPERTY, SPOUSAL MAINTENANCE AND MAINTENANCE AGREEMENTS".

Repeal of section 73
37. Section 73 of the Principal Act is repealed.

Power of court in spousal maintenance proceedings
38. Section 74 of the Principal Act is amended by omitting "or of a child of a marriage".

Matters to be taken into consideration in relation to spousal maintenance
39. Section 75 of the Principal Act is amended:
     (a) by omitting paragraph (2) (d) and substituting the following paragraph:
          "(d) commitments of each of the parties that are necessary to enable the party to support:
              (i) himself or herself; and
              (ii) a child or another person that the party has a duty to maintain;";
     (b) by inserting at the beginning of paragraph (2) (f) "subject to subsection (3),"; and
     (c) by adding at the end the following subsection:
    "(3) In exercising its jurisdiction under