Document ID: chunk:federal_register_of_legislation:C2004A03930:body:0:p11
Version: federal_register_of_legislation:C2004A03930
Segment Type: other
Provision Reference: 
Character Range: 24677–27337

(ii) for a body corporate—$10,000;

    (c) require the person to enter into a recognizance in accordance with section 112af;

    (d) impose a sentence on the person, or make an order directed to the person, in accordance with section 112ag;

    (e) order the sequestration of some or all of the person's property;

    (f) order the person to deliver a document to the Registrar; or

    (g) order the person to give another person access to a child in accordance with section 112aj.

"(3) An order under subsection (1) may be expressed to take effect immediately, or at the end of a specified period or on the occurrence of a specified event.

"(4) Where a court makes an order under subsection (1), the court may make such other orders as the court considers necessary to ensure compliance with the order that was contravened.

"(5) A court shall not make an order (other than an order until further order or an order made with the consent of all the parties to the proceedings) under subsection (1) in relation to a contravention of an access order unless:

    (a) the parties to the proceedings for the order have already attended upon a court counsellor, or a welfare officer, for counselling in relation to the contravention; or

    (b) the court is satisfied that it is appropriate to make the order even though the parties to the proceedings have not attended upon a court counsellor, or a welfare officer, for counselling in relation to the contravention.

Sentences of imprisonment

"112ae. (1) A sentence of imprisonment imposed on a person pursuant to paragraph 112ad (2) (a) shall be expressed to be:

    (a) for a specified period of 12 months or less; or

    (b) for a period ending when the person:

(i) complies with the order concerned; or

      (ii) has been imprisoned pursuant to the sentence for 12 months or such lesser period as is specified by the court;

whichever happens first.

"(2) A court shall not sentence a person to imprisonment pursuant to paragraph 112ad (2) (a) unless the court is satisfied that, in all the circumstances of the case, it would not be appropriate for the court to deal with the contravention pursuant to any of the other paragraphs of subsection 112ad (2).

"(3) If a court sentences a person to imprisonment pursuant to paragraph 112ad (2) (a), the court shall:

    (a) state the reasons why it is satisfied as mentioned in subsection (2); and

    (b) cause those reasons to be entered in the records of the court.

"(4) The failure of a court to comply with subsection (3) does not invalidate a sentence.

"(5) A court, when sentencing a person to imprisonment pursuant to paragraph 112ad (2)