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FAMILY LAW ACT 1975 - SECT 65ZB

Obligations of owners etc. of aircraft and vessels if proceedings for the making of certain parenting orders are pending

             (1)  This section applies if:

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

                     (b)  a party to the proceedings 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)  The person on whom the declaration is served must not permit the child identified in the declaration to leave a port or place in Australia in the aircraft or vessel for a destination outside Australia except as permitted by subsection (3).

Penalty:  60 penalty units.

          (2A)  Subsection (2) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code ).

             (3)  Subsection (2) does not prohibit permitting the child to leave Australia in the aircraft or vessel if:

                     (a)  the child leaves in the company, or with the consent in writing (authenticated as prescribed), of the party who made the statutory declaration; or

                     (b)  the child leaves 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.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code ).

             (4)  The statutory declaration must contain:

                     (a)  full particulars of the Part VII proceedings, 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 Part VII proceedings are pending at the date of the declaration; and

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



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