Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p49
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 49/86)
Character Range: 175752–178429

the care, welfare or development of the child.

Court's power to make recovery order

"67U. In proceedings for a recovery order, the court may, subject to section 67V, make such recovery order as it thinks proper.

Child's best interests paramount consideration in making a recovery order

"67V. In deciding whether to make a recovery order in relation to a child, a court must regard the best interests of the child as the paramount consideration.

Note: Division 10 deals with how a court determines a child's best interests.

How long recovery order remains in force

"67W.(1) The Rules of Court may deal with how long recovery orders remain in force.

"(2) Subject to the Rules of Court, a recovery order remains in force for the period specified in the order.

Persons not to prevent or hinder taking of action under recovery order

"67X.(1) This section applies to a recovery order that authorises or directs a person or persons to take action as described in paragraph 67Q(b), (c) or (d).

"(2) A person must not prevent or hinder the taking of the action by the person or persons authorised or directed to take the action.

"(3) If a court having jurisdiction under this Part is satisfied that a person has intentionally, and without reasonable excuse, contravened subsection (2), the court may:

(a) order the person to pay a fine not exceeding $1,000; or

    (b) order the person to enter into a recognizance (with or without surety or security) on conditions specified by the court; or

    (c) order the person to be imprisoned until he or she enters into a recognizance (with or without surety or security) on conditions specified by the court, or until the person has been imprisoned for 3 months, whichever happens first.

"(4) A court that makes an order under subsection (3) may make such other orders as it considers necessary to ensure the person does not again contravene subsection (2).

Obligation to notify persons of child's return

"67Y.(1) This section applies if:

    (a) a recovery order that consists of or includes provisions described in paragraph 67Q(a), (b), (c) or (d) is in force in relation to a child; and

    (b) the child returns, or is returned, to the person who applied for the order.

"(2) The person must, as soon as practicable after the child's return, give notice of the child's return to:

    (a) the Registrar of the court that issued the recovery order; and

    (b) if a location order in relation to the child is in force and was applied for by the person—the person to whom the location order applies.

"Subdivision D—Allegations of child abuse

Where party to proceedings makes allegation of child abuse

"67Z.(1) This