Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 70NCB

Procedure for enforcing bonds

  (1)   This section applies if:

  (a)   the court finds that the respondent has contravened a child - related order without having a reasonable excuse; and

  (b)   the respondent has entered into a bond in accordance with an order made under paragraph   70NBF(1)(a); and

  (c)   the respondent fails, without having a reasonable excuse, to comply with the bond.

  (2)   The court may:

  (a)   without prejudice to the continuance of the bond, impose a fine not exceeding 10 penalty units on the respondent; or

  (b)   revoke the bond and deal with the respondent in any manner in which the respondent could have been dealt with for the contravention of the child - related order if:

  (i)   the bond had not been entered into; and

  (ii)   the respondent was before the court under this Division in respect of the contravention of the child - related order.

  (3)   Without limiting the matters the court may take into account, the court must take into account the following matters when acting under subsection   (2):

  (a)   the fact that the bond was entered into;

  (b)   anything done pursuant to the bond;

  (c)   any fine imposed, and any other order made, for or in respect of the contravention of the child - related order.


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