Div 7Enforcement of orders and supplementary provisions

Division 7—Enforcement of orders and supplementary provisions Subdivision 1—Attachment of property, caveats, warrants, disobedience of orders etc 155—Attachment of property of persons against whom order is sought (1) Where proceedings have been commenced by complaint under this Act in which— (a) an order for maintenance; or (b) an order for the enforcement of an order for maintenance, is, or will be sought, notice may be given— (d) to any ADI or other person having, or supposed to have, the care, custody, or control of any money or property, belonging or payable to, or standing to the credit of, any person complained against; or (e) to any person against whom the person complained against has any civil or statutory right to the payment of money, not to pay or part with the possession of that money or property until the complaint has been heard and determined, and the money or property is, upon the giving of the notice, attached in the hands of the person who has the care, custody and control of it, who is compellable to give evidence on the hearing of the complaint as to all matters relating to or concerning the money or property. (2) Money deposited by or on behalf of the person complained against in an account with an ADI or other person will, for the purposes of this section, be taken to be standing to the credit of the person complained against, notwithstanding that any condition relating to the account or payment under the account is unsatisfied. 156—Order for delivery of attached property (1) The court, on hearing a complaint in respect of which notice has been given to an ADI or other person under this Subdivision may, by order, direct that the money or property attached, or such portion of it as the court orders, be paid or handed over to the Chief Executive, or to the person entitled to receive the money under a maintenance order. (2) The person having the care, custody, or control of the money or property attached must pay or hand it over accordingly, and on doing so, is discharged from all liability to its owner, or any person claiming under the owner in respect of the money or property so paid or handed over, and, except as to such portion of the money or property attached as the court may, within one month from the service of the notice of attachment, order to be so paid or handed over, the attachment is determined. 157—Attachment may be pleaded (1) Any person who has received any notice attaching money or property in the person's care, custody, or control may, before the hearing of the complaint, after giving notice in writing of the application to the person by whom notice was given, apply to the Magistrates Court for an order setting aside the notice with respect to the whole or any part of the property or money subject to the notice. (2) Any such person may plead the notice in bar to any action or other proceeding that may be instituted against the person for the recovery of any such money or property by the owner or any person claiming under the owner. 158—Liability of persons contravening order Any person who, after receipt of a notice attaching money or property in his or her care, custody or control— (a) pays or hands over any such money or property otherwise than in accordance with the order made by the court; or (b) neglects or refuses to comply with the order made, is personally liable to pay to the Chief Executive or the payee mentioned in the maintenance order the amount of money or an amount equal to the value of the property ordered to be paid or handed over, and such an amount may be recovered before a court in a summary way. 159—Collection by police of money due to Chief Executive (1) Subject to the provisions of a maintenance order, any member of the police force must, when so directed in writing signed by the Chief Executive and countersigned by the Commissioner of Police, demand, collect, and receive from any person all sums of money due to the Chief Executive for which that person is liable under any maintenance order. (2) The receipt in writing of any such member of the police force is a sufficient discharge for the person from whom the money was received of his or her liability to pay that money to the Chief Executive. 160—Caveats (1) If any person against whom a maintenance order has been made is the registered proprietor of any land, estate, or interest in land subject to the Real Property Act 1886 the Chief Executive may lodge with the Registrar-General a caveat signed by the Chief Executive against any dealings with that land, estate or interest. (2) Particulars of the order must be set out in the caveat and the Registrar-General must register the caveat, and it is not lawful for the Registrar-General without the consent of the Chief Executive to remove or discharge the caveat— (a) unless and until satisfied that all money due under the order has been fully paid and satisfied; or (b) unless ordered by the Supreme Court, or a Judge of that court, to remove the caveat. 161—Warrant to enforce payments under orders (1) If any money payable under a maintenance order is in arrear for one month, the Magistrates Court may, upon the application of the Chief Executive or any person to whom money is payable under the maintenance order, issue a warrant authorizing the Chief Executive or that person to receive the whole or any part of the rents, profits, and income of the real and personal estate of the person against whom the order was made, or to take or sell the estate and interest of that person in the real or personal estate, or in such part of that estate as the court may direct. (2) A person upon whom a warrant under this section is served must pay any money to which the warrant relates to the Chief Executive or some other person named in the warrant and, on doing so, is discharged from all liability to pay that money to the person against whom the maintenance order was made. 162—Registration of warrant and effect thereof A warrant issued under section 161 may be registered in the same manner as a writ of fieri facias, and, from the time of registration, binds the estate or interest of the person liable under the order for maintenance in his or her real estate and chattel real property. 163—Sale under warrant A sale under a warrant issued under section 161 may be by public auction or private contract for cash or on credit, or partly for cash and partly on credit, and subject to any conditions that the Chief Executive thinks expedient. 164—Assurances to purchaser (1) The Chief Executive or person authorized by the warrant to sell, may execute to the purchaser all such conveyances, assignments, memoranda of transfer, or other assurances of the property sold as the person against whom the order was made might have executed but for this Act, and the property so conveyed or assured vests in the purchaser accordingly. (2) The Registrar-General must register every such memorandum of transfer, and cause such entries to be made and acts to be done, as may be necessary for giving effect to the sale. 165—Issue of warrant without previous demand (1) No notice or demand is necessary before a warrant is issued in respect of the real or personal estate of a person against whom a maintenance order has been made, or before any powers conferred by the warrant are exercised, but the Magistrates Court may before issuing any such warrant, require such notice (whether by post, advertisement, or otherwise) to be given to the person against whom the maintenance order is made as the court considers just. (2) Upon any application for the issue of a warrant, the person against whom the maintenance order was made is entitled to appear and be heard. (3) The warrant is conclusive evidence that the power to sell is vested in the Chief Executive or in the person named in the warrant. 166—Effect of payment under warrant The payment to the Chief Executive or to the person named in any such warrant, is a good discharge to any tenant, purchaser, or other person for all money paid by him or her pursuant to the warrant. 167—Application of money received under warrant The rents, profits, and income, and the proceeds of any sale, received under any such warrant and the estate or interest in any real or personal estate taken under any such warrant must be applied firstly in payment of the costs of collection or sale; secondly, in payment of the costs of obtaining the warrant; thirdly, in paying any money due under the original order; and the balance must be applied in or towards future maintenance, or in such other manner as the Magistrates Court may direct. 168—Bond or security for compliance with maintenance order (1) The court may— (a) upon making a maintenance order, if it thinks fit, by the same or a separate order; or (b) upon complaint made by or on behalf of any person for whose benefit a maintenance order has been made, if it is satisfied that arrears of maintenance under the order are payable by the defendant or that the defendant intends to evade compliance with the order, by a subsequent order, require the defendant to enter into a bond with or without guarantors, in such sum as it thinks fit, or to give such security as it thinks fit, conditioned upon the defendant complying with the maintenance order and, where arrears of maintenance are payable, making such payments in respect of the arrears as are specified by the court. (2) The court may, in default of a bond or security being entered into, or given, commit the defendant to prison for any period not exceeding three months, but, in that event, may at any time take such bond or security from the defendant as the court thinks sufficient and order that the defendant be discharged from prison. (3) No order may be made requiring the defendant to enter into or give a bond or security or forfeiting a bond or security if the court is satisfied that the defendant has not and has not had and could not by reasonable effort have had the means and ability to comply with the maintenance order. 169—Power to commit for failure to pay maintenance (1) Where the Magistrates Court is satisfied, upon complaint made by or on behalf of any person for whose benefit a maintenance order has been made, that arrears of maintenance under the order are payable by the defendant, the court may order that the defendant be committed to prison in default of payment of the arrears for such term, not exceeding six months, as the court thinks proper in the circumstances. (1a) Upon the hearing of a complaint specifying a certain sum of money as arrears of maintenance, the Magistrates Court must, upon being satisfied by the complainant that a further sum of money has accrued under the order since the date of the complaint, amend the sum specified in the complaint as arrears of maintenance to include that further sum. (2) The defendant is not liable to serve a term of imprisonment because of failure to pay an amount of arrears of maintenance in respect of which the defendant has already served a term of imprisonment pursuant to an order made under this section, but the liability to pay any such arrears is not discharged by imprisonment in respect of those arrears and the amount of any such arrears remains, until paid, a sum that may be recovered under any other provision of this Act. (3) Where the court orders a person to be committed to prison under subsection (1), the court may, upon the making of the order or at any time thereafter, order that the issue of the warrant of commitment be suspended upon the condition that the defendant makes such payments in respect of the arrears of maintenance as are specified by the court, and duly pays all sums becoming payable under the maintenance order or the order for costs after the order for commitment. (4) Where— (a) the issue of a warrant of commitment has been suspended under this section; and (b) the Magistrates Court, on complaint made by or on behalf of the person for whose benefit the maintenance order was made, is satisfied that payment by the defendant of the maintenance is in arrears in breach of the condition of the suspension, the court may issue the warrant of commitment or may order that the issue of the warrant be further suspended upon the condition that the defendant make such payments in respect of the arrears of maintenance that have accrued up to the time of the hearing as are specified by the court, and duly pays all sums becoming payable under the maintenance order or the order for costs after the order for further suspension. (5) Notwithstanding anything to the contrary in any Act, where an order has been made under this section committing the defendant to prison in respect of arrears of maintenance and it appears to the Magistrates Court that the amount of the arrears of maintenance in respect of which the commitment order was made has been reduced, the fact of that reduction must be stated in the warrant of commitment, and the term of imprisonment for which the defendant may be committed will be reduced by the number of days bearing as nearly as possible the same proportion to the total number of days in the term of imprisonment as the amount paid bears to the whole arrears of maintenance. (6) Notwithstanding anything to the contrary in any Act or in any warrant of commitment, where any person is in prison for non-payment of arrears of maintenance, the person may pay or cause to be paid to the manager of the prison— (a) the whole of the arrears of maintenance or, having regard to subsection (5), the amount of those arrears remaining to be paid; or (b) any lesser amount. (7) Where the amount referred to in subsection (6)(a) is paid to the manager, the manager must discharge that person if the person is in custody for no other cause. (8) Where an amount referred to in subsection (6)(b) is paid to the manager, the term of imprisonment fixed by the commitment order will be reduced by the number of days bearing to the total number of days in the term of imprisonment a proportion that is the same as, or most nearly approximates to, the proportion that the amount paid bears to the whole of the arrears of maintenance and on the expiration of the term as so reduced the person imprisoned must, if in custody for no other cause, be discharged. (9) A court must not make an order committing the defendant to prison or issue a warrant of commitment if it is satisfied— (a) that the defendant has not and has not had and could not by reasonable effort have had the means and ability to pay the amount of the arrears of maintenance; or (b) that for any other reason payment of the arrears of maintenance should not be enforced by imprisonment. (10) Where the court is aware that a court has previously refused to make an order committing the defendant to prison or to issue a warrant of commitment under this section for non-payment of a sum (in this subsection referred to as the original sum) included in the amount of arrears of maintenance in respect of which the complaint is made, the court must only have regard to the amount by which the sum still due and unpaid exceeds the original sum unless it is satisfied that, since that refusal, the means and ability of the defendant to pay the original sum have so altered as to make it reasonable for the defendant now to be committed to prison for non-payment of the original sum. 170—Warrant may be issued upon complaint enforcing maintenance order Upon a complaint made in connection with the enforcement of any maintenance order, a justice may, instead of issuing a summons, issue a warrant for the apprehension of the person against whom the complaint is made, and for the detention of that person until the hearing of the complaint, unless the person enters into a bond, with or without guarantors, in such sum as the justice directs, conditioned upon his or her appearance at the hearing of the complaint. 172—Disobedience of order and quitting State A person who disobeys or neglects to comply with any maintenance order made against him or her under this Act and goes to reside beyond the State, either permanently or temporarily, is guilty of an offence. 173—Leaving child under certain circumstances an offence A near relative liable to maintain any child who leaves the child without, or fails to provide the child with, adequate means of support, and goes to reside either temporarily or permanently, outside the State, is guilty of an offence. 174—Warrant for arrest may be issued before offence committed (1) Upon complaint on oath by an employee of the Department, that he or she has reasonable grounds for believing that a person is about to commit an offence under this Subdivision a justice, if satisfied that there are reasonable grounds for believing that the offence has been or is about to be committed, may issue a warrant for the apprehension of the person complained against. (2) Upon the hearing of a complaint made under this section the Magistrates Court may, if satisfied that the defendant was about to commit the offence mentioned in the complaint, order the defendant to find an adequate guarantor or security to the satisfaction of the court that the defendant will comply with the maintenance order, or that he or she will not leave the child without, or will provide the child with, adequate means of support. (3) The court, in default of such a guarantor or security being found, may commit the defendant to prison for any term not exceeding six months. (4) The court may at any time determine the sufficiency of any proposed guarantors, or security, and in what manner the security is to be given, and upon being satisfied that security has been duly made and perfected, order the discharge of that person from prison. Subdivision 2—Attachment of earnings 175—Interpretation (1) In this Subdivision, except where the context or subject matter or some other provision requires a different construction— attachment of earnings order means an order made under section 176 or such an order as varied from time to time; defendant, in relation to a maintenance order or to proceedings in connection with a maintenance order, means a person against whom the order was made; earnings, in relation to a defendant, means any sums payable to the defendant— (a) by way of wages or salary (including any fees bonus, commission, overtime pay, any payment in lieu of leave or other emolument payable in addition to wages or salary); or (b) by way of pension, including— (i) an annuity in respect of past services, whether or not the services were rendered to the person paying the annuity; and (ii) periodical payments in respect of or by way of compensation for the loss, abolition or relinquishment, or any diminution in the emoluments, of any office or employment, but does not include any pension, benefit or sum payable to the defendant under the Social Security Act 1991, the Veterans' Entitlements Act 1986 or the Seamen's War Pensions and Allowances Act 1940 of the Commonwealth; employer, in relation to a defendant, means a person (including the Crown whether in right of the Commonwealth or in right of the State, a Minister of the Crown, whether in right of the Commonwealth or in right of the State and any statutory authority representing the Crown whether in right of the Commonwealth or in right of the State) by whom, as a principal and not as a servant or agent, earnings are payable or likely to become payable to the defendant; net earnings, in relation to a pay-day, means the amount of the earnings becoming payable by a particular employer on that pay-day, after deduction from those earnings of any sum deducted by that employer, being a deduction of a prescribed class; normal deduction, in relation to an attachment of earnings order and in relation to a pay-day, means an amount representing a payment at the normal deduction rate specified in the order in respect of the period between that pay-day and either the last preceding pay-day, or, where there is no last preceding pay-day, the date on which the employer became, or last became, the defendant's employer; pay-day means a day on which earnings to which an attachment of earnings order relates become payable; protected earnings, in relation to an attachment of earnings order and in relation to a pay-day, means the amount representing a payment at the protected earnings rate specified in the order in respect of the period between that pay-day and either the last preceding pay-day, or where there is no last preceding pay-day the date on which the employer became, or last became, the defendant's employer. (2) In this Subdivision— (a) a reference to a person entitled to receive payments under a maintenance order is to be read as a reference to a person entitled to receive payments under the maintenance order either directly or through another person or for transmission to another person; and (b) a reference to proceedings relating to an order is to be read as including a reference to proceedings in which the order may be made. 176—Application for attachment of earnings order (1) An employee of the Department or a person entitled to receive payments under a maintenance order may apply in writing to the Magistrates Court for an attachment of earnings order. (2) An application under subsection (1) may be made without specifying the name of any particular employer. (3) If the court is satisfied that the defendant is a person to whom earnings are payable or are likely to become payable and that the defendant has persistently failed to comply with the requirements of the order, or that, at the time when the application was made, there was due under the maintenance order and unpaid an amount equal to not less than— (a) in the case of an order for weekly payments—four payments; or (b) in any other case—two payments, the court may order a person who appears to the court to be the defendant's employer in respect of those earnings or a part of those earnings to make out of those earnings or that part of those earnings payments in accordance with this Subdivision. (4) An attachment of earnings order must specify, either generally or in relation to any particular pay-day or pay-days, the normal deduction rate, that is to say, the rate at which the court considers it to be reasonable that the earnings to which the order relates should be applied in satisfying the requirements of the maintenance order but not exceeding the rate that appears to the court to be necessary for the purpose of— (a) securing payment of the sums from time to time falling due under the maintenance order; and (b) securing payment within a reasonable time of any sums already due and unpaid under the maintenance order and any costs incurred in proceedings relating to the maintenance order that are payable by the defendant. (5) An attachment of earnings order may specify a higher normal deduction rate to apply for a specified number of pay-days after the order comes into force and a lower normal deduction rate to apply to any other pay-days. (6) An attachment of earnings order must also specify the protected earnings rate, that is to say, the rate below which, having regard to the resources and needs of the defendant and of any person for whom the defendant must or reasonably may provide, the court considers it to be reasonable that the earnings to which the order relates should not be reduced by a payment under the order. (7) An attachment of earnings order must provide that payments under the order are to be made to the main office of the Department in Adelaide. (8) An attachment of earnings order must contain such particulars as the court thinks proper for the purpose of enabling the person to whom the order is directed to identify the defendant. (9) Upon the making of an attachment of earnings order the court must cause a copy of the order to be served on— (a) the defendant; and (b) the person to whom the attachment of earnings order is directed; and (c) if an employee of the Department is not a party to the application for the order, the Chief Executive, but the order will not come into force until the expiration of seven days after the day on which a copy of the order is served on the person to whom the order is directed. 177—Employer to make payments under order (1) An employer to whom an attachment of earnings order is directed must, so long as the order is in force and the net earnings of the defendant in relation to each pay-day after the making of the order exceed the amount of the protected earnings of the defendant in relation to that pay-day, pay to the Chief Executive, so far as the amount of the excess permits, the normal deduction in relation to that pay-day, but where— (a) on any such pay-day, the amount of that excess is insufficient to permit the payment of the normal deduction in relation to that pay-day; or (b) in respect of any such pay-days the net earnings of the defendant were less than the protected earnings of the defendant and the amount by which those net earnings were less than those protected earnings has not been paid to the defendant, the employer must, so long as the order is in force, and if on any subsequent pay-day the net earnings of the defendant are sufficient after providing, if necessary, for the making good of any deficiency in the protected earnings referred to in paragraph (b), pay to the Chief Executive the normal deduction in relation to that subsequent pay-day and, so far as the balance of the defendant's net earnings permits, all the arrears of the normal deductions. (2) A payment made by the employer under subsection (1) to the Chief Executive is a valid discharge to the employer as against the defendant to the extent of the amount paid. 178—Power to make attachment of earnings order instead of other order (1) Where any proceedings in relation to, or for the enforcement of, a maintenance order already made are brought in the Magistrates Court the court may, instead of making any other order, make an attachment of earnings order. (2) Unless the court otherwise orders, where an attachment of earnings order is in force, no warrant or other process may be issued or order made in proceedings for the enforcement of the maintenance order that were begun before the making of the attachment of earnings order. 179—Discharge, suspension or variation of order (1) The Magistrates Court may, in its discretion, on the application of the defendant, an employee of the Department or a person entitled to receive payments under the maintenance order, make an order discharging, suspending or varying an attachment of earnings order. (2) Upon the court making an order discharging, suspending or varying an attachment of earnings order, the court must cause a copy of the order to be served on— (a) the respondent to the application; and (b) the person to whom the attachment of earnings order is directed; and (c) if an employee of the Department is not a party to the application, the Chief Executive, but the order will not come into force until the expiration of seven days after the day on which a copy of the order is served on the person to whom the order is directed. 180—Cessation of attachment of earnings order (1) An attachment of earnings order ceases to have effect— (a) upon being discharged by an order under this Subdivision; or (b) subject to subsection (2), upon the discharge or variation of the maintenance order in relation to which the attachment of earnings order was made; or (c) unless the court otherwise orders, upon the making of any other order for the enforcement of the maintenance order in relation to which the attachment of earnings order was made. (2) Where it appears to the court discharging or varying a maintenance order that arrears under the order will remain to be recovered under the order, the court may direct that the attachment of earnings order will not cease to have effect until those arrears have been paid. (3) On an attachment of earnings order ceasing to have effect, a Registrar of the court must give notice of that fact to the Chief Executive and to the person to whom the order was directed. (4) Where an attachment of earnings order ceases to have effect, the person to whom the attachment of earnings order is directed does not incur any liability in consequence of treating the order as still in force at any time before the expiration of seven days after the date on which the notice required by subsection (3) or a copy of the discharging order, as the case may be, is served on him or her. 181—Compliance with order An attachment of earnings order made under this Subdivision has priority over any other order directed to the defendant's employer with respect to any earnings payable, or likely to become payable, to the defendant, and the defendant's employer must, notwithstanding anything in any other law, but subject to this Subdivision, comply with the order. 182—Where two or more orders are in force (1) Where, on any occasion on which earnings become payable to a defendant, there are in force two or more orders for the attachment of those earnings (whether made under this Act or otherwise) the person to whom the orders are directed— (a) must comply with those orders according to the respective dates on which they took effect and must disregard any order until each earlier order has been complied with; and (b) must comply with any order as if the earnings to which the order relates were the residue of the defendant's earnings after the making of any payment under any earlier order. (2) For the purposes of this section, an attachment of earnings order that has been varied will be taken to have been made as so varied on the day upon which the attachment of earnings order was made. 183—Notice to defendants of payments made (1) A person who makes a payment in compliance with an attachment of earnings order must give to the defendant a notice specifying particulars of the payment. (2) Where a person served with an attachment of earnings order directed to him or her— (a) is not the defendant's employer at the time of service of the order; or (b) is the defendant's employer at that time but subsequently ceases to be the defendant's employer, that person must give notice in writing accordingly to the Chief Executive and to the Magistrates Court. 184—Determination as to what payments are earnings (1) The Magistrates Court must, on application by the person to whom an attachment of earnings order is directed, determine whether payments to the defendant of a particular class or description specified in the application are earnings for the purpose of that order. (2) A person to whom an attachment of earnings order is directed who makes an application under subsection (1) does not incur any liability for failing to comply with the order with respect to any payments of the class or description specified in the application that are made to the defendant while the application, or any appeal from a determination made on the application, is pending. (3) Subsection (2) does not apply in respect of any payment made after the application has been withdrawn or an appeal from a determination made on the application has been abandoned. 185—Service Any order or document that is required or permitted to be served on a person under this Subdivision may be served on that person— (b) by leaving a copy of it at the usual or last known place of residence or business of that person with some person, apparently over the age of 16 years, who apparently resides in that place of residence or is employed at that place of business; or (c) by sending a copy of it, by registered post, to that person's last known place of residence or business. 186—Defence to prosecution under this Subdivision (1) It is a defence to a prosecution under this Subdivision if the defendant proves that he or she took all reasonable steps to comply with the requirement or order. (2) Offences under this Subdivision do not apply to the Crown in right of the Commonwealth or in right of the State. 187—Dismissing an employee etc by reason of the making of an attachment of earnings order (1) A person who dismisses an employee or injures an employee in his or her employment, or alters an employee's position to his or her prejudice, by reason of the circumstance that an attachment of earnings order has been made in relation to the employee or that the person is required to make payments under such an order in relation to the employee is guilty of an offence. (2) Subsection (1) does not apply to the Crown in right of the Commonwealth or in right of the State. (3) The court by which a person is convicted of an offence arising under this section may order that the employee be reimbursed any wages lost and may also direct that the employee be reinstated in his or her old position or in a similar position. (4) An amount ordered to be reimbursed under subsection (1) may be recovered from the person convicted as if it were a penalty to which that person is liable under this section. 188—Application of Subdivision This Subdivision has effect in relation to a defendant notwithstanding any Act or law that would otherwise prevent the attachment of earnings. 189—Payments by Crown etc The provisions of this Subdivision have effect in relation to deductions from earnings falling to be paid by the Crown whether in right of the Commonwealth or in right of the State a Minister of the Crown whether in right of the Commonwealth or in right of the State or a statutory authority representing the Crown whether in right of the Commonwealth or in right of the State, and those earnings will be treated as falling to be paid by the chief executive of the Department, office or other body concerned. Subdivision 3—General 190—Provision where defendant supported wife, husband or child during any period Where proceedings are taken under this Part in respect of a failure to make payments for or towards the maintenance of a person it is a sufficient answer to those proceedings so far as the failure to make payments during any period is concerned if it is proved that during that period the defendant adequately supported that person. 191—Duties of Registrar of court in relation to orders Upon application made by or on behalf of any person for whose maintenance or for whose benefit a maintenance order is enforceable in the State, a Registrar of the Magistrates Court must, subject to this Act, take all steps necessary or expedient to assist in the enforcement of the order on behalf of that person. 192—Penalty for molesting child contrary to interstate custody order (1) Where an order made in any other State or a Territory of the Commonwealth under any Act or ordinance corresponding with this Act commits the legal custody of a child to the father or mother of the child, any person who in this State, without just cause or excuse, molests or interferes with or attempts to molest or interfere with, the child contrary to the order for custody or, having the care or control of the child in this State, without just cause or excuse, refuses or fails on demand to deliver the child to the person entitled to such custody under the order is guilty of an offence. (3) It is a defence to a prosecution for an offence against this section if the defendant satisfies the court that he or she did not know and could not reasonably be expected to have known of the making of the order in respect of which the offence is alleged to have occurred. (4) A person who is convicted of an offence against this section may (in addition to, or in lieu of, a penalty under this section) be required to enter into a bond, with or without guarantors, in such reasonable amount as the court thinks fit, to abide by the provision of the order and in default of entering into the bond, that person may be imprisoned for a term not exceeding three months unless the bond is sooner entered into. 194—Compellability of defendant as witness at hearing of complaint for non‑compliance (1) On the hearing of any complaint in which the defendant is charged with non-compliance with any maintenance order, the defendant is compellable to give evidence and may be summoned as a witness for that purpose. (2) The defendant is not excused from giving evidence relevant to the matter of the complaint on the ground that the evidence might prove or tend to prove the defendant guilty of the matter alleged or charged against him or her. 195—Proof of payment or non-payment under maintenance order Whenever in any proceedings under this Act it is material to inquire whether any, or how much, money has been paid or is owing to the Chief Executive by any person liable under a maintenance order to make any such payment to the Chief Executive, any employee of the Department may on oath state his or her information and belief as to whether any, and how much, money has been paid, or is owing, and the court must accept that statement as evidence of the facts stated.