(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.