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FAMILY LAW ACT 1975 - SECT 65ZB

Obligations of owners etc. of aircraft and vessels if proceedings for the making of certain parenting orders are pending

             (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.



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