(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.