Document ID: chunk:federal_register_of_legislation:C2004A00736:clause:1_70nf
Version: federal_register_of_legislation:C2004A00736
Segment Type: clause
Provision Reference: sch 1 cl 70NF
Character Range: 16238–17770

70NF  Application of Subdivision

 (1) Subject to subsection (2), this Subdivision applies if:
 (a) an order under this Act affecting children (the primary order) has been made, whether before or after the commencement of this Division; and
 (b) a court having jurisdiction under this Act is satisfied that a person has, whether before or after that commencement, committed a contravention (the current contravention) of the primary order; and
 (ba) the person does not prove that he or she had a reasonable excuse for the current contravention; and
 (c) either of the following applies:
 (i) no court having jurisdiction under this Act has previously determined that the person has, without reasonable excuse, contravened the primary order;
 (ii) a court having jurisdiction under this Act has previously determined that the person has, without reasonable excuse, contravened the primary order but the court dealing with the current contravention is satisfied that it is more appropriate for that contravention to be dealt with under this Subdivision;
and, if the primary order is an order for the maintenance of a child, this Subdivision applies irrespective of the period since the current contravention occurred.

 (2) This Subdivision does not apply if, in circumstances mentioned in subparagraph (1)(c)(i), the court dealing with the current contravention is satisfied that the person who contravened the primary order has behaved in a way that showed a serious disregard for his or her obligations under the primary order.