Western Australian Current Acts Western Australian Current Acts (1) Subject to
subsection (1a), this section applies to a contempt of a court that —
(a) does
not constitute a contravention of an order under this Act; or
(b)
constitutes a contravention of an order under this Act and involves a flagrant
challenge to the authority of the court.
(1a) This section does
not apply to a contempt that constitutes a contravention of a maintenance
order if the order has been complied with before the matter of the
contravention comes before the court.
(2) Despite any other
law, a court may punish a person for contempt of that court.
(3) The rules may
provide for practice and procedure as to charging a person with contempt of
court, the hearing of the charge and dealing with a person so charged.
(4) Where a natural
person is in contempt of a court, the court may punish the contempt by
committal to prison or fine or both.
(5) Where a
corporation is in contempt of a court, the court may punish the contempt by
sequestration or fine or both.
(6) For the purposes
of this section, a court may make an order for —
(a)
punishment on terms; or
(b)
suspension of punishment; or
(c) the
giving of security for good behaviour.
(7) Where a person is
committed to prison for a term for contempt of a court, the court may order
the person’s discharge before the expiry of that term.
(8) To avoid doubt,
the serving by a person of a period of imprisonment as a result of a contempt
of a court arising out of a failure by the person to make a payment in respect
of the maintenance of another person does not affect the first-mentioned
person’s liability to make the payment.
[Section 234 amended: No. 25 of 2002 s. 27.]