Western Australian Current Acts Western Australian Current Acts (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 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 subsection (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 section 205O(1)(c), adjourned proceedings in respect of a contravention
by the person of the primary order.
(3) For the purposes
of subsection (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 section 205O(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.
[Section 205N inserted: No. 35 of 2006 s. 101.]