Queensland Consolidated Acts

MAINTENANCE ACT 1965 - SECT 138

138 Effect of Act on power to imprison and persons in prison

(1) A person shall not be imprisoned or otherwise placed in custody after the commencement of this Act by reason of—

(a) the person’s disobedience of or failure to comply with an order for the payment of money for or towards the maintenance of another person made or deemed to have been made under the Maintenance Act 1965 ;

(b) the person’s failure to comply with an undertaking given or order made for the payment of money for or towards the maintenance of any child or infant under the Child Protection Act 1999 .

(2) A person who is in prison or other custody at the commencement of this Act by reason of the person’s disobedience of or failure to comply with an order or undertaking referred to in subsection (1) shall be released from that prison or custody forthwith.

(3) The release from prison or other custody under subsection (2) of a person who was in that prison or custody by reason of the person’s failure to pay arrears due under an order or undertaking referred to in subsection (1) does not discharge the person from liability to pay those arrears.