Family Law Act 1975

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

The sentence of imprisonment must be expressed to be:

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

for a period ending at the earlier of:

the time when the respondent complies with the child‑related order concerned; or

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.

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.

The court that sentences the respondent to imprisonment must:

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

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

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).

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