Document ID: chunk:federal_register_of_legislation:C2004A03930:body:0:p10
Version: federal_register_of_legislation:C2004A03930
Segment Type: other
Provision Reference: 
Character Range: 22251–24928

persons act in accordance with subsections 70 (1) and (2) in relation to the order; and

    (b) an order under Part VII or section 112ad providing for a person to have access to a child shall be taken to include a requirement that persons act in accordance with subsection 70 (3) in relation to the order.

Meaning of "reasonable excuse for contravening an order"

"112ac. (1) The circumstances in which a person may be taken to have had, for the purposes of this Part, a reasonable excuse for contravening an order under this Act include, but are not limited to, the circumstances set out in subsections (2) and (3).

"(2) A person (in this subsection called the 'respondent') shall be taken to have had a reasonable excuse for contravening an order under this Act if:

    (a) the respondent contravened the order because, or substantially because, he or she did not, at the time of the contravention, understand the obligations imposed by the order on the person who was bound by it; and

    (b) the court is satisfied that the respondent ought to be excused in respect of the contravention.

"(3) A person (in this subsection called the 'respondent') shall be taken to have had a reasonable excuse for contravening an order under this Act where:

    (a) the order required a person to be given custody of, or access to, a child; and

    (b) the contravention resulted in that person being deprived of that custody or access;

if:

    (c) the respondent believed on reasonable grounds that depriving that person of the custody or access provided for by the order was necessary to protect the health or safety of a person; and

    (d) the person was not deprived of custody of, or access to, the child for longer than was necessary to protect the health or safety of the person last-mentioned in paragraph (c).

"Division 2—Sanctions for failure to comply with orders

Sanctions for failure to comply with orders

"112ad. (1) Where a court having jurisdiction under this Act is satisfied that a person has, without reasonable excuse, contravened an order under this Act, the court may, subject to subsection (5), by order, take such action or actions of the kind specified in subsection (2) as the court thinks is appropriate.

"(2) The court may:

    (a) impose a sentence of imprisonment on the person in accordance with section 112ae;

    (b) fine the person not more than:

(i) for a natural person—$2,000; or

(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)