Commonwealth Consolidated Acts

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Obligations of owners etc. of aircraft and vessels if certain parenting orders made

             (1)  A person (the first person ) commits an offence if:

                     (a)  a parenting order to which this Subdivision applies is in force in relation to a child; and

                     (b)  the first person is a captain, owner or charterer of an aircraft or vessel; and

                     (c)  another person (the carer ) in whose favour the parenting order was made has served on the first person a statutory declaration that:

                              (i)  relates to the parenting order; 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, at the time of, or after, the making of the parenting order.

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 order, including:

                              (i)  the full name and the date of birth of the child to whom the order relates; and

                             (ii)  the full names of the parties to the proceedings in which the order was made; and

                            (iii)  the terms of the order; and

                     (b)  such other matters (if any) as are prescribed.

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