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Thursday, 19 November 1959

Sir GARFIELD BARWICK (Parramatta) (Attorney-General) . - I move -

At the end of the clause, add the following sub-clauses: - " (2.) The court shall order the release from custody of a person who has been attached under this section upon being satisfied that that person has complied with the order in respect of which he was attached and may, at any time, if the court is satisfied that it is just and equitable to do so, order the release of such a person notwithstanding that he has not complied with that order. " (3.) Where a person who has been attached under this section in consequence of his failure to comply with an order for the payment of maintenance or costs becomes a bankrupt, he shall not be kept in custody under the attachment longer than six months after he becomes a bankrupt unless the court otherwise orders.".

This provision relates to the powers of the court to order the release of a person who has been attached for non-payment of alimony, giving him a right to get out in certain circumstances and giving the court power to release him in others.

Amendment agreed to.

Clause, as amended, agreed to.

Clauses 94 to 96 - by leave - taken together, and agreed to.

Clause 97-

An order under this Act for the payment of maintenance may be enforced in accordance with the Third Schedule to this Act and the provisions of that Schedule have effect in relation to the enforcement of such orders.

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