Document ID: chunk:federal_register_of_legislation:C2004A00736:clause:1_70nj:p1
Version: federal_register_of_legislation:C2004A00736
Segment Type: clause
Provision Reference: sch 1 cl 70NJ (pt 1/2)
Character Range: 22308–25049

70NJ  Powers of court

 (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 but the court dealing with the current contravention is satisfied that the person has behaved in a way that showed a serious disregard of his or her obligations under 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.

Note: For the standard of proof to be applied in determining whether a contravention of the primary order has been committed, see section 140 of the Evidence Act 1995.

 (2) This Subdivision does not apply if the court dealing with the current contravention is satisfied that it is more appropriate for that contravention to be dealt with under Subdivision B.

 (2A) If this Subdivision applies, the court must make, in respect of the person who committed the current contravention, the order or orders available to be made under subsection (3) that it considers to be the most appropriate in the circumstances.

 (2B) This section applies whether the primary order was made, and whether the current contravention occurred, before or after the commencement of this Division.

 (3) The orders that are available to be made by the court are:
 (a) if the court is empowered under section 70NK to make a community service order—to make such an order; or
 (b) to make an order requiring the person to enter into a bond in accordance with section 70NM; or
 (c) if the person has contravened a parenting order—subject to subsection (5), to make an order varying the order so contravened; or
 (d) to fine the person not more than 60 penalty units; or
 (e) subject to subsection (6), to impose a sentence of imprisonment on the person in accordance with section 70NO.

 (4) If a court varies or discharges under section 70NM a 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