(1) A 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 person takes or sends the child from Australia to a place outside Australia; and
(c) the child is not taken or sent from Australia to a place outside Australia:
(i) with the consent in writing (authenticated as prescribed) of each other party to the Part VII proceedings; 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; and
(d) the person is:
(i) a party to the Part VII proceedings; or
(ii) acting on behalf of, or at the request of, a person who is a party to the Part VII proceedings .
Note: The ancillary offence provisions of the Criminal Code , including section 11.1 (attempts) , apply in relation to the offence created by this section.
Penalty: Imprisonment for 3 years.
(2) Subsection (1) does not apply if:
(a) the person (whether or not the person is the party to the Part VII proceedings) takes or sends the child from Australia to a place outside Australia because the person believes the conduct is necessary to prevent family violence; and
(b) the conduct is reasonable in the circumstances as the person perceives them.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code ).