Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p100
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 100/100)
Character Range: 358506–360068

Subsection 67X(3) of the Family Law Act sets out the consequences of contravening subsection 67X(2) in relation to a recovery order. Division 13A of Part VII of the Family Law Act sets out the consequences of failing to comply with an order or other obligation that affects children. Part XIIIA of the Family Law Act sets out the sanctions the court may impose on a person who fails to comply with an order or other obligation that does not affect children.
Note 2: The court:
(a) must not impose a sentence of imprisonment:
                 (i) for non‑compliance with a maintenance order unless it is satisfied that the contravention was intentional or fraudulent (see subsections 70NCE(1) and 112AD(2A) of the Family Law Act); or
                 (ii) if it considers that another consequence is more appropriate (see subsections 70NBF(4) and 112AE(2) of the Family Law Act); and
(b) cannot enforce an order of another court unless the order is registered in the first‑mentioned court (see section 105 of the Family Law Act and regulation 17 of the Family Law Regulations).

11.64  How to apply for an order
 (1) A person seeking to apply for an order under this Division must file an application as set out in Table 11.1.

Table 11.1—Applications on contravention of orders
Item                                                Kind of application                                                                                                                                                                                         Application form to be filed