Document ID: chunk:federal_register_of_legislation:C2004A03930:body:0:p9
Version: federal_register_of_legislation:C2004A03930
Segment Type: other
Provision Reference: 
Character Range: 19828–22463

FOR FAILURE TO COMPLY WITH ORDERS AND CONTEMPT
 OF COURT
"Division 1—Interpretation

Interpretation

"112AA. In this Part:

'access order' means an order under this Act requiring a person to be given access to a child;

    'applied provisions', in relation to a sentence passed or an order made pursuant to paragraph 112ad (2) (d), means the provisions of the laws of a State or Territory, as modified by regulations under subsection 112ag (5), that, because of regulations under that subsection, apply in relation to the sentence or order;

'court enforceable agreement' means:

(a) a child agreement registered in a court under section 66zc;

        (b) so much of a maintenance agreement as a court has, pursuant to paragraph 87 (11) (c), ordered may be enforced as if it were an order of the court; or

        (c) a maintenance agreement registered in a court under subsection 86 (1), or deemed, by subsection 87 (6), to be registered in a court;

'order under this Act', in relation to a court, means:

        (a) an order (however described) made by the court under this Act;

        (b) an injunction granted by the court under section 70c or 114;

        (c) an undertaking given to the court in proceedings under this Act and accepted by the court;

        (d) a court enforceable agreement; or

        (e) a recognizance:

(i) entered into pursuant to an order of a court under this Act; or

    (ii) entered into for the purposes of subsection 112ae (5); and includes an order, injunction, agreement or recognizance that:

        (f) is an order under this Act in relation to another court because of paragraph (a), (b), (d) or (e); and

        (g) has been registered in the first-mentioned court.

Meaning of "contravene an order"

"112ab. (1) A person shall be taken for the purposes of this Part to have contravened an order under this Act if, and only if:

(a) where the person is bound by the order—he or she has:

(i) intentionally failed to comply with the order; or

(ii) made no reasonable attempt to comply with the order; or

(b) in any other case—he or she has:

(i) intentionally prevented compliance with the order by a person who is bound by it; or

(ii) aided or abetted a contravention of the order by a person who is bound by it.

"(2) For the purposes of this Part:

    (a) an order under Part VII granting a person custody of a child shall be taken to include a requirement that 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