Commonwealth Consolidated Acts

FAMILY LAW ACT 1975 - SECT 70NCE

Sentences of imprisonment for contravention of child maintenance orders

  (1)   The court must not make an order imposing a sentence of imprisonment on the respondent under subparagraph   70NBF(1)(d)(ii), in respect of a contravention of a child maintenance order made under this Act, unless the court is satisfied that the contravention was intentional or fraudulent.

  (2)   To avoid doubt, the serving by the respondent of a period of imprisonment imposed under subparagraph   70NBF(1)(d)(ii) for failure to make a payment under a child maintenance order does not affect the respondent's liability to make the payment.

Court must not imprison respondent for contravention of child support assessments etc.

  (3)   The court must not make an order imposing a sentence of imprisonment on the respondent under subparagraph   70NBF(1)(d)(ii) in respect of:

  (a)   a contravention of an administrative assessment of child support made under the Child Support (Assessment) Act 1989 ; or

  (b)   a breach of a child support agreement made under that Act; or

  (c)   a contravention of an order made by a court under Division   4 of Part   7 of that Act for a departure from such an assessment (including such an order that contains matters mentioned in section   141 of that Act).