Document ID: chunk:federal_register_of_legislation:C2004A03930:body:0:p16
Version: federal_register_of_legislation:C2004A03930
Segment Type: other
Provision Reference: 
Character Range: 36645–39329

is released by order of the court, or in accordance with subsection (5).

Compensatory access orders

"112aj. The order that may be made by a court pursuant to paragraph 112ad (2) (g) is an order giving a person such access to a child (in addition to access provided for by an access order) as the court considers appropriate, having regard to any deprivation of access resulting from the contravention concerned.

Variation and discharge of orders

"112ak. (1) Subject to this section, an order made under section 112ad may be varied or discharged:

    (a) if the court that made the order is the Family Court—by the Family Court; or

    (b) in any other case—by the court that made the order or the Family Court.

"(2) A variation of an order under section 112ad shall be such that the order, as varied, is an order that could have been made under that section in respect of the contravention in respect of which the first-mentioned order was made.

"(3) If a court discharges an order under section 112ad it may, subject to this Division, make another order under that section in respect of the contravention in respect of which the first-mentioned order was made.

"(4) Where a court varies or discharges an order made under section 112ad, the court may give such directions as to the effect of the variation or discharge as the court considers appropriate.

Welfare of child the paramount consideration

"112al. In proceedings under this Division in relation to an order under Part VII, or an order made pursuant to paragraph 112ad (2) (g), the court shall regard the welfare of the child concerned as the paramount consideration.

Relationship between Division and other laws

"112am. (1) This section applies where an act or omission by a person:

    (a) constitutes a contravention of an order under this Act; and

    (b) is also an offence against any law.

"(2) If the person is prosecuted in respect of the offence, a court in which proceedings have been brought under section 112ad in respect of the contravention of the order shall either:

    (a) adjourn those proceedings until the prosecution has been completed; or

    (b) dismiss those proceedings.

"(3) The person may be prosecuted for, and convicted of, the offence.

"(4) Nothing in this section renders the person liable to be punished twice in respect of the same act or omission.

"(5) For the purposes of subsection (4), an order made by a court pursuant to paragraph 112ad (2) (g) shall not be taken to be a punishment.

Arrangements with States and Territories for carrying out of sentences and orders

"112an. (1) The Governor-General may make arrangements with the relevant authority of a State or