Family Law Act 1996
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Change 1
63CA Offence of breaching order
(1) A person who without reasonable excuse does anything that the person is prohibited from doing by a forced marriage protection order is guilty of an offence. (2) In the case of a forced marriage protection order made by virtue of section 63D(1), a person can be guilty of an offence under this section only in respect of conduct engaged in at a time when the person was aware of the existence of the order. (3) Where a person is convicted of an offence under this section in respect of any conduct, that conduct is not punishable as a contempt of court. (4) A person cannot be convicted of an offence under this section in respect of any conduct which has been punished as a contempt of court. (5) A person guilty of an offence under this section is liable— (a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both; (b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both. (6) A reference in any enactment to proceedings under this Part, or to an order under this Part, does not include a reference to proceedings for an offence under this section or to an order made in proceedings for such an offence. (7) “Enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978.
63CA Offence of breaching order
(1) A person who without reasonable excuse does anything that the person is prohibited from doing by a forced marriage protection order is guilty of an offence. (2) In the case of a forced marriage protection order made by virtue of section 63D(1), a person can be guilty of an offence under this section only in respect of conduct engaged in at a time when the person was aware of the existence of the order. (3) Where a person is convicted of an offence under this section in respect of any conduct, that conduct is not punishable as a contempt of court. (4) A person cannot be convicted of an offence under this section in respect of any conduct which has been punished as a contempt of court. (5) A person guilty of an offence under this section is liable— (a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both; (b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both. (6) A reference in any enactment to proceedings under this Part, or to an order under this Part, does not include a reference to proceedings for an offence under this section or to an order made in proceedings for such an offence. (7) “Enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978.
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