Document ID: chunk:federal_register_of_legislation:C2004A03930:body:0:p8
Version: federal_register_of_legislation:C2004A03930
Segment Type: other
Provision Reference: 
Character Range: 17199–20088

paragraph (a);
the police officer may arrest the respondent without warrant.

"(2) Subsections 114aa (3), (4), (5) and (7) apply in relation to a person arrested under this section as if:

    (a) the person had been arrested under subsection 114aa (1) because he or she was believed to have breached an injunction that had been granted under section 114; and

    (b) the person on whose application the injunction was granted under section 70c were the person on whose application the injunction under section 114 had been granted.".

Persons not to be imprisoned for failure to comply with certain orders

14. Section 107 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:

"(2) This section does not affect the operation of Division 2 or 3 of Part XIIIa."

Repeal of section 108

15. Section 108 of the Principal Act is repealed.

Overseas enforcement of maintenance orders etc.

16. Section 110 of the Principal Act is amended:

    (a) by inserting "or determination (however described)" after "an order" (first occurring) in paragraphs (a), (b), (c) and (d) of the definition of "maintenance order" in subsection (1);

    (b) by inserting "or determination" after "an order" (second occurring) in paragraphs (b), (c) and (d) of the definition of "maintenance order" in subsection (1);

    (c) by omitting "the order" from paragraph (d) of the definition of "maintenance order" in subsection (1) and substituting "the order or determination";

    (d) by omitting paragraph (e) of the definition of "maintenance order" in subsection (1) and substituting the following paragraph:

        "(e) to the extent provided by the regulations, an order made under section 66z, or an order or determination (however described) that deals with matters of a kind in relation to which orders may be made under that section;";

    (e) by inserting in paragraph (2) (a) "or authorities" after "made by courts";

    (f) by omitting from paragraph (2) (aa) "or of a Territory" and substituting "or Territory, or of another country or a part of another country,";

    (g) by inserting in subparagraph (2) (aa) (i) "or authority" after "made by a court";

    (h) by inserting after paragraph (2) (aa) the following paragraph:

        "(ab) the institution and prosecution, by an authority entitled to moneys payable under a maintenance order, in the authority's discretion, of proceedings for the enforcement of that maintenance order by a court having jurisdiction under this Act;".

17. After Part XIII of the Principal Act the following Part is inserted:

"PART XIIIa—SANCTIONS 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