Commonwealth Consolidated Acts

FAMILY LAW ACT 1975 - SECT 65ZA

  (1)   A person (the first person ) commits an offence if:

  (a)   a parenting order to which this Subdivision applies is in force in relation to a child; and

  (b)   the first person is a captain, owner or charterer of an aircraft or vessel; and

  (c)   another person (the carer ) in whose favour the parenting order was made has served on the first person a statutory declaration that:

  (i)   relates to the parenting order; and

  (ii)   complies with subsection   (4); and

  (d)   the statutory declaration was made by the carer not earlier than 7 days before the date of service; and

  (e)   the first person permits the child to leave a place in Australia in the aircraft or vessel; and

  (f)   the destination of the aircraft or vessel is outside Australia; and

  (g)   the child does not leave:

  (i)   in the company, or with the consent in writing (authenticated as prescribed), of the carer; or

  (ii)   in accordance with an order of a court made, under this Part or under a law of a State or Territory, at the time of, or after, the making of the parenting order.

Penalty:   60 penalty units.

  (2)   Subsection   (1) does not apply if the first person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (2) (see subsection   13.3(3) of the Criminal Code ).

  (4)   The statutory declaration must contain:

  (a)   full particulars of the order, including:

  (i)   the full name and the date of birth of the child to whom the order relates; and

  (ii)   the full names of the parties to the proceedings in which the order was made; and

  (iii)   the terms of the order; and

  (b)   such other matters (if any) as are prescribed.