Victorian Numbered Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 496

Offence to counsel or induce child to be absent without lawful authority etc.

    (1)     A person must not directly or indirectly—

        (a)     without lawful authority or excuse, withdraw a child from the place in which the child had been placed under an interim accommodation order, a custody to third party order or a supervised custody order or by the Secretary under section 173; or

        (b)     counsel, induce or assist a child placed as described in paragraph (a) to absent himself or herself from any such place; or

        (c)     without lawful authority or excuse, withdraw a child from the custody or guardianship of any person who has custody or guardianship of the child under a permanent care order; or

        (d)     without lawful authority or excuse, withdraw a child from the lawful custody of a member of the police force or other person; or

        (e)     counsel or induce a child to absent himself or herself from the lawful custody of a member of the police force or other person.

Penalty:     15 penalty units or imprisonment for 3 months.

    (2)     Sub-section (1) applies whether the conduct is carried out wholly within or wholly outside Victoria or partly within and partly outside Victoria.

    (3)     A person must not, by any conduct carried out within Victoria, without lawful authority or excuse withdraw a child from the place in which the child had been placed under a child protection order, or an interim order, within the meaning of Schedule 1 excluding an order referred to in sub-section (1)(a).

Penalty:     15 penalty units or imprisonment for 3 months.

    (4)     If conduct constitutes an offence under 2 or more laws, a person who is convicted or found guilty or acquitted of the offence under a law referred to in paragraph (b) or (c) of sub-section (5) is not liable to be prosecuted for the offence under this section.

    (5)     In sub-section (4) "law" means—

        (a)     this section; or

        (b)     a law of another State or a Territory of Australia; or

        (c)     a law of New Zealand.

    (6)     A prosecution can only be commenced for an offence under this section after the Secretary has been consulted about the matter.



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