Document ID: chunk:federal_register_of_legislation:C2004A03930:body:0:p18
Version: federal_register_of_legislation:C2004A03930
Segment Type: other
Provision Reference: 
Character Range: 41596–44459

person; and

       (b) a police officer believes, on reasonable grounds, that the person against whom the injunction is directed (in this section called the 'respondent') has, since the injunction was granted, breached the injunction by causing, or threatening to cause, bodily harm to the person referred to in paragraph (a);

the police officer may arrest the respondent without warrant.";

    (b) by omitting from subsection (3) "subsection (2)" and substituting "subsection (1)";

    (c) by omitting from subparagraph (3) (a) (i) "authorised the arrest" and substituting "granted the injunction";

    (d) by omitting from subparagraph (3) (a) (ii) "order under subsection (1) was made" and substituting "injunction under section 114 was granted";

    (e) by omitting from paragraph (3) (b) "authorised the arrest" and substituting "granted the injunction";

    (f) by omitting from paragraph (4) (a) "in connection with which that court or another court authorised the arrest of the person without warrant";

    (g) by omitting subsection (6).

     Staff

20. Section 114m of the Principal Act is amended by omitting from paragraph (2) (a) "Public Service Board" and substituting "Public Service Commissioner".

     Family Law Council

21. (1) Section 115 of the Principal Act is amended by omitting from subsections (4), (6) and (7) "Chairman" and substituting "Chairperson".

(2) The person who, immediately before the commencement of this Act, held office as Chairman of the Family Law Council continues, subject to the Family Law Act 1975 as in force after that commencement, to hold office as the Chairperson of the Family Law Council.

     Reparation for certain losses and expenses relating to children

22. Section 117a of the Principal Act is amended:

(a) by omitting paragraph (1) (a) and substituting the following paragraph:

        "(a) a court has found, for the purposes of section 112ad, that a person has, by removing a child from the possession of another person or by refusing or failing to deliver a child to another person, contravened:

(i) an order under Part VII granting a person custody of the child; or

             (ii) an order under Part VII or section 112ad providing for a person to have access to the child;";

    (b) by omitting paragraph (1) (c) and substituting the following paragraph:

         "(c) a court has found, for the purposes of section 112ad, that a person has, by removing a child from the possession of another person or by refusing or failing to deliver a child to another person, contravened an injunction granted, or an order made, under section 114; or".

Rules of Court

23. (1) Section 123 of the Principal Act is amended by omitting from paragraph (1) (m) "108" and substituting "112ap".

(2) Rules of Court made for the purposes of paragraph 123 (1) (m) of the Family Law Act 1975 that