Contempt
112AP Contempt
Subject to subsection (1A), this section applies to a contempt of a court that:
does not constitute a contravention of an order under this Act; or
constitutes a contravention of an order under this Act and involves a flagrant challenge to the authority of the court.
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.
In spite of any other law, a court having jurisdiction under this Act may punish a person for contempt of that court.
The applicable Rules of Court may provide for practice and procedure as to charging with contempt and the hearing of the charge.
Where a natural person is in contempt, the court may punish the contempt by committal to prison or fine or both.
Where a corporation is in contempt, the court may punish the contempt by sequestration or fine or both.
The court may make an order for:
punishment on terms;
suspension of punishment; or
the giving of security for good behaviour.
Where a person is committed to prison for a term for contempt, the court may order the person’s discharge before the expiry of that term.
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.
In this section:
order under this Act means a child‑related order or an order under this Act within the meaning of Part XIIIA.
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