Document ID: chunk:federal_register_of_legislation:C2004A00736:clause:1_70nj:p2
Version: federal_register_of_legislation:C2004A00736
Segment Type: clause
Provision Reference: sch 1 cl 70NJ (pt 2/2)
Character Range: 24797–27185

community service order made under paragraph (3)(a), the court may give any directions as to the effect of the variation or discharge that the court considers appropriate.

 (5) When making an order under paragraph (3)(c) varying a parenting order, the court, in addition to regarding, under section 65E, the best interests of the child as the paramount consideration, must, if any of the following considerations is relevant, take that consideration into account:
 (a) the person who contravened the parenting order did so after having attended, after having refused or failed to attend, or after having been found to be unsuitable to take any further part in, a post‑separation parenting program or a part of such a program;
 (b) there was no appropriate post‑separation parenting program that the person who contravened the parenting order could attend;
 (c) because of the behaviour of the person who contravened the parenting order, it was not appropriate, in the court's opinion, for the person to attend a post‑separation parenting program, or a part of such a program;
 (d) the parenting order was a compensatory parenting order made under paragraph 70NG(1)(b) after the person had contravened a previous order under this Act affecting children.

 (6) The court must not make an order imposing a sentence of imprisonment on a person under this section in respect of a contravention of a child maintenance order made under this Act unless the court is satisfied that the contravention was intentional or fraudulent.

 (6A) The court must not make an order imposing a sentence of imprisonment on a person under this section in respect of:
 (a) a contravention of an administrative assessment of child support made under the Child Support (Assessment) Act 1989; or
 (b) a breach of a child support agreement made under that Act; or
 (c) a contravention of an order made by a court under Division 4 of Part 7 of that Act for a departure from such an assessment (including such an order that contains matters mentioned in section 141 of that Act).

 (7) An order under this section may be expressed to take effect immediately, at the end of a specified period or on the occurrence of a specified event.

 (8) When a court makes an order under this section, the court may make any other orders that the court considers necessary to ensure compliance with the order that was contravened.