Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011 (189 of 2011)

Schedule 2   Other amendments

Part 1   Amendments

Family Law Act 1975

25   After section 70NEC

Insert:

70NECA Procedure for enforcing bonds

(1) If a court has made an order under paragraph 70NEB(1)(d) requiring a person to enter into a bond in accordance with section 70NEC, the following provisions have effect.

(2) If the court (whether or not constituted by the judge, Federal Magistrate or magistrate who required the bond to be entered into in accordance with section 70NEC) is satisfied that the person has, without reasonable excuse, failed to comply with the bond, the court may take action under subsection (3).

(3) The court may:

(a) without prejudice to the continuance of the bond entered into in accordance with section 70NEC, impose a fine not exceeding 10 penalty units on the person; or

(b) revoke the bond entered into in accordance with section 70NEC and, subject to subsection (4), deal with the person, for the contravention in respect of which the bond was entered into, in any manner in which the person could have been dealt with for the contravention if:

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

(ii) the person was before the court under section 70NEB in respect of the contravention.

(4) In dealing with the person as mentioned in paragraph (3)(b), the court must, in addition to any other matters that it considers should be taken into account, take into account:

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

(b) anything done pursuant to the bond; and

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