Document ID: chunk:federal_register_of_legislation:C2004A03930:body:0:p17
Version: federal_register_of_legislation:C2004A03930
Segment Type: other
Provision Reference: 
Character Range: 39083–41867

to paragraph 112ad (2) (g) shall not be taken to be a punishment.

Arrangements with States and Territories for carrying out of sentences and orders

"112an. (1) The Governor-General may make arrangements with the relevant authority of a State or a Territory for:

    (a) the exercise of powers, and the performance of functions, by officers of the State or Territory; and

    (b) the making available of facilities of the State or Territory;

for and in relation to the carrying out of sentences imposed, and orders made, under this Division.

"(2) In this section:

'relevant authority' means:

(a) in relation to a State—the Governor of the State;

      (b) in relation to the Australian Capital Territory—the Chief Minister of the Australian Capital Territory;

(c) in relation to the Northern Territory—the Administrator of the Northern Territory; and

(d) in relation to Norfolk Island—the Administrator of Norfolk Island.

Division does not limit operation of section 105

"112ao. Nothing in this Division is intended to limit the operation of section 105.

"Division 3—Contempt

Contempt

"112ap. (1) This section applies to a contempt of a court that:

    (a) does not constitute a contravention of an order under this Act; or

    (b) constitutes a contravention of an order under this Act and involves a flagrant challenge to the authority of the court.

"(2) In spite of any other law, a court having jurisdiction under this Act may punish a person for contempt of that court.

"(3) The Rules of Court may provide for practice and procedure as to charging with contempt and the hearing of the charge.

"(4) Where a natural person is in contempt, the court may punish the contempt by committal to prison or fine or both.

"(5) Where a corporation is in contempt, the court may punish the contempt by sequestration or fine or both.

"(6) The court may make an order for:

    (a) punishment on terms;

    (b) suspension of punishment; or

    (c) the giving of security for good behaviour.

"(7) Where a person is committed to prison for a term for contempt, the court may order the person's discharge before the expiry of that term.".

Injunctions

18. Section 114 of the Principal Act is amended by omitting subsections (2), (5) and (6).

Powers of arrest

19. Section 114aa of the Principal Act is amended:

(a) by omitting subsections (1) and (2) and substituting the following subsection:

"(1) Where:

       (a) an injunction is in force under section 114 for the personal protection of a person; and

       (b) a police officer believes, on reasonable grounds, that the person against whom the injunction is directed (in this section called the 'respondent') has, since the injunction was granted, breached the injunction by causing, or threatening to cause,