Document ID: chunk:federal_register_of_legislation:C2008C00441:clause:2_70nfa
Version: federal_register_of_legislation:C2008C00441
Segment Type: clause
Provision Reference: sch 2 cl 70NFA
Character Range: 86174–88115

70NFA  Application of Subdivision

 (1) Subject to subsection (2), this Subdivision applies if:
 (a) a 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
 (c) the person does not prove that he or she had a reasonable excuse for the current contravention; and
 (d) either subsection (2) or (3) applies.

Note: For the standard of proof to be applied in determining whether a contravention of the primary order has been committed, see section 70NAF.

 (2) For the purposes of paragraph (1)(d), this subsection applies if:
 (a) no court has previously:
 (i) made an order imposing a sanction or taking an action in respect of a contravention by the person of the primary order; or
 (ii) under paragraph 70NEB(1)(c), adjourned proceedings in respect of a contravention by the person of the primary order; and
 (b) 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.

 (3) For the purposes of paragraph (1)(d), this subsection applies if a court has previously:
 (a) made an order imposing a sanction or taking an action in respect of a contravention by the person of the primary order; or
 (b) under paragraph 70NEB(1)(c), adjourned proceedings in respect of a contravention by the person of the primary order.

 (4) 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 E.

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