Document ID: chunk:federal_register_of_legislation:C2008C00441:clause:2_70nfb:p1
Version: federal_register_of_legislation:C2008C00441
Segment Type: clause
Provision Reference: sch 2 cl 70NFB (pt 1/2)
Character Range: 88115–90709

70NFB  Powers of court

 (1) If this Subdivision applies, the court must, in relation to the person who committed the current contravention:
 (a) make an order under paragraph (2)(g), unless the court is satisfied that it would not be in the best interests of the child concerned to make that order; and
 (b) if the court makes an order under paragraph (2)(g)—consider making another order (or other orders) under subsection (2) that the court considers to be the most appropriate of the orders under subsection (2) in the circumstances; and
 (c) if the court does not make an order under paragraph (2)(g)—make at least one order under subsection (2), being the order (or orders) that the court considers to be the most appropriate of the orders under subsection (2) in the circumstances.

 (2) The orders that are available to be made by the court are:
 (a) if the court is empowered under section 70NFC to make a community service order—to make such an order; or
 (b) to make an order requiring the person to enter into a bond in accordance with section 70NFE; or
 (c) if the current contravention is a contravention of a parenting order in relation to a child—to make a further parenting order that compensates a person for time the person did not spend with the child (or the time the child did not live with the person) as a result of the current contravention, unless it would not be in the best interests of the child concerned to make that order; or
 (d) to fine the person not more than 60 penalty units; or
 (e) subject to subsection (7), to impose a sentence of imprisonment on the person in accordance with section 70NFG; or
 (f) if:
 (i) the current contravention is a contravention of a parenting order in relation to a child; and
 (ii) the current contravention resulted in a person not spending time with the child (or the child not living with a person for a particular period); and
 (iii) the person referred to in subparagraph (ii) reasonably incurs expenses as a result of the contravention;
  to make an order requiring the person who committed the current contravention to compensate the person referred to in subparagraph (ii) for some or all of the expenses referred to in subparagraph (iii); or
 (g) to make an order that the person who committed the current contravention pay all of the costs of another party, or other parties, to the proceedings under this Division; or
 (h) to make an order that the person who committed the current contravention pay some of the costs of another party, or other parties, to the proceedings under this Division.

Note: The court may