(1) Subject to
subsection (2), if proceedings for the making of a parenting order to which
this Subdivision applies are pending, a person who is a party to the
proceedings, or who is acting on behalf of, or at the request of, a party,
must not, intentionally or recklessly, take or send, or attempt to take or
send, the child concerned from the State to a place outside Australia.
Penalty: Imprisonment for 3 years.
(2) A person does not
commit an offence under subsection (1) if the person takes or sends, or
attempts to take or send, a child from the State to a place outside Australia
—
(a) with
the consent (evidenced by statutory declaration) of each other party to the
proceedings referred to in subsection (1); or
(b) in
accordance with an order —
(i)
of any court (whether of a kind referred to in
section 8(a) or (b) or otherwise) under any written law; or
(ii)
under a law of the Commonwealth or any other State or a
Territory, of a court of the Commonwealth or that State or Territory,
made after the
proceedings referred to in subsection (1) were instituted.
[Section 108 amended: No. 35 of 2006 s. 156.]