(1) This section
applies if —
(a)
proceedings for the making of a parenting order to which this Subdivision
applies are pending; and
(b) a
party to the proceedings referred to in paragraph (a) has served on the
captain, owner or charterer of a vessel a statutory declaration made by the
party not earlier than 7 days before the date of service that —
(i)
relates to the proceedings; and
(ii)
complies with subsection (4).
(2) Subject to
subsection (3), a person on whom a statutory declaration referred to in
subsection (1)(b) is served must not, intentionally or recklessly and without
reasonable excuse, permit a child identified in the statutory declaration to
leave a port or place in the State in the aircraft or vessel for a destination
outside Australia.
Penalty: $6 600.
(3) A person does not
commit an offence under subsection (2) if the child leaves the State, in the
aircraft or vessel —
(a) in
the company, or with the consent (evidenced by statutory declaration), of the
person who made the statutory declaration referred to in subsection (1)(b); or
(b) in
accordance with an order —
(i)
of any court (whether of a kind referred to in
section 8(a) or (b) or otherwise) under any written law; or
(ii)
under a law of the Commonwealth or any other State or a
Territory, of a court of the Commonwealth or that State or Territory,
made after the
proceedings referred to in subsection (1)(a) were instituted.
(4) A statutory
declaration referred to in subsection (1)(b) must contain —
(a) full
particulars of the relevant proceedings referred to in subsection (1)(a),
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 proceedings referred to in subsection (1)(a) are pending at
the date of the statutory declaration; and
(c) such
other matters (if any) as are prescribed.
[Section 110 amended: No. 25 of 2002 s. 75; No. 35
of 2006 s. 158.]