(1) A person (the first person ) commits an offence if:
(a) proceedings (the Part VII proceedings ) are pending for the making of a parenting order to which this Subdivision applies in relation to a child; and
(b) the first person is a captain, owner or charterer of an aircraft or vessel; and
(c) a party (the carer ) to the Part VII proceedings has served on the captain, owner or charterer a statutory declaration that:
(i) relates to the Part VII proceedings; 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, after the institution of the Part VII proceedings.
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 Part VII proceedings, including:
(i) the full name and the date of birth of the child to whom the proceedings relate; and
(ii) the full names of the parties to the proceedings; and
(iii) the name of the court, the nature of the proceedings and the date of institution of the proceedings; and
(iv) if an appeal has been instituted in the proceedings--the name of the court in which the appeal was instituted and the date on which it was instituted; and
(b) a statement that the Part VII proceedings are pending at the date of the declaration; and
(c) such other matters (if any) as are prescribed.