Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 70NCC

Matters relating to imprisonment

  (1)   This section applies if a sentence of imprisonment is imposed on the respondent under subparagraph   70NBF(1)(d)(ii).

Limits on sentences of imprisonment

  (2)   The sentence of imprisonment must be expressed to be:

  (a)   for a specified period of no more than 12 months; or

  (b)   for a period ending at the earlier of:

  (i)   the time when the respondent complies with the child - related order concerned; or

  (ii)   the time when the respondent has been imprisoned under the sentence for 12 months, or such lesser period as is specified by the court ordering the sentence.

Good behaviour bonds

  (3)   When sentencing the respondent to imprisonment, the court may direct that, after serving a specified part of the term of imprisonment, the respondent be released upon the respondent entering into a bond (with or without surety or security) that the respondent will be of good behaviour for a specified period of up to 2 years.

Statement of reasons

  (4)   The court that sentences the respondent to imprisonment must:

  (a)   state the reasons why it is satisfied as mentioned in subsection   70NBF(4); and

  (b)   cause those reasons to be entered in the records of the court.

Note:   Subsection   70NBF(4) provides that the respondent may be sentenced to imprisonment only if the court is satisfied that it would not be appropriate for the court to deal with the contravention in any other way under subsection   70NBF(1).

  (5)   The failure of the court to comply with subsection   (4) does not invalidate a sentence.



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