Document ID: chunk:federal_register_of_legislation:C2004A01223:clause:4_22
Version: federal_register_of_legislation:C2004A01223
Segment Type: clause
Provision Reference: sch 4 cl 22
Character Range: 42374–43299

22  After subsection 70NJ(1)
Insert:

 (1A) For the purposes of paragraph (1)(c), this subsection applies if:
 (a) no court has previously:
 (i) made an order imposing a sanction or taking an action in respect of a contravention by the person of the primary order; or
 (ii) under paragraph 70NG(1)(c), adjourned proceedings in respect of contravention by the person of the primary order; and
 (b) the court dealing with the current contravention is satisfied that the person has behaved in a way that showed a serious disregard of his or her obligations under the primary order.

 (1B) For the purposes of paragraph (1)(c), this subsection applies if a court has previously:
 (a) made an order imposing a sanction or taking an action in respect of a contravention by the person of the primary order; or
 (b) under paragraph 70NG(1)(c), adjourned proceedings in respect of a contravention by the person of the primary order.