Document ID: chunk:federal_register_of_legislation:C2008C00441:clause:2_70nea
Version: federal_register_of_legislation:C2008C00441
Segment Type: clause
Provision Reference: sch 2 cl 70NEA
Character Range: 76321–78204

70NEA  Application of Subdivision

 (1) Subject to subsection (4), this Subdivision applies if:
 (a) a primary order has been made, whether before or after the commencement of this Division; and
 (b) a court having jurisdiction under this Act is satisfied that a person has, whether before or after that commencement, committed a contravention (the current contravention) of the primary order; and
 (c) the person does not prove that he or she had a reasonable excuse for the current contravention; and
 (d) either subsection (2) or (3) applies;
and, if the primary order is an order for the maintenance of a child, this Subdivision applies irrespective of the period since the current contravention occurred.

 (2) For the purposes of paragraph (1)(d), this subsection applies if no 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 70NEB(1)(c), adjourned proceedings in respect of a contravention by the person of the primary order.

 (3) For the purposes of paragraph (1)(d), this subsection applies if:
 (a) a 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 70NEB(1)(c), adjourned proceedings in respect of a contravention by the person of the primary order; and
 (b) the court, in dealing with the current contravention, is satisfied that it is more appropriate for that contravention to be dealt with under this Subdivision.

 (4) This Subdivision does not apply if, in circumstances mentioned in subsection (2), the court dealing with the current contravention is satisfied that the person who contravened the primary order has behaved in a way that showed a serious disregard for his or her obligations under the primary order.