Commonwealth Consolidated Acts

FAMILY LAW ACT 1975 - SECT 65ZAA

  (1)   A person commits an offence if:

  (a)   proceedings (the Part   VII proceedings ) for the making, in relation to a child, of a parenting order to which this Subdivision applies are pending; and

  (b)   the child has been taken or sent from Australia to a place outside Australia by or on behalf of a party to the Part   VII proceedings:

  (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

  (c)   the person retains the child outside Australia otherwise than in accordance with a consent or order of a kind mentioned in paragraph   (b) (whether or not the person took or sent the child as mentioned in that paragraph); and

  (d)   the person is a party to the Part   VII proceedings, or is retaining the child on behalf of, or at the request of, such a party.

Note:   The ancillary offence provisions of the Criminal Code , including section   11.1 (attempt), apply in relation to the offence created by this subsection.

Penalty:   Imprisonment for 3 years.

Exception

  (2)   Subsection   (1) does not apply if:

  (a)   the person (whether or not the person is the party to the Part   VII proceedings) retains the child as mentioned in paragraph   (1)(c) 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 ).