sec.164Offence to remove child from custody or guardianship

### sec.164 Offence to remove child from custody or guardianship This section applies if a child is in the custody or guardianship of a person (the first person ) under this Act. A person must not— unlawfully remove the child from the first person’s custody or guardianship; or if the child has been unlawfully removed from the first person’s custody or guardianship—keep the child; or if the child has been lawfully removed from the first person’s custody or guardianship—keep the child beyond the period allowed for the removal. Maximum penalty—150 penalty units or 18 months imprisonment. Subsection (2) applies whether the removal or keeping of the child is carried out within or outside Queensland. s 164 sub 2000 No. 7 s 30 amd 2003 No. 57 s 39 (1) sch 3 (sec.164-ssec.1) This section applies if a child is in the custody or guardianship of a person (the first person ) under this Act. (sec.164-ssec.2) A person must not— unlawfully remove the child from the first person’s custody or guardianship; or if the child has been unlawfully removed from the first person’s custody or guardianship—keep the child; or if the child has been lawfully removed from the first person’s custody or guardianship—keep the child beyond the period allowed for the removal. Maximum penalty—150 penalty units or 18 months imprisonment. (sec.164-ssec.3) Subsection (2) applies whether the removal or keeping of the child is carried out within or outside Queensland. - (a) unlawfully remove the child from the first person’s custody or guardianship; or - (b) if the child has been unlawfully removed from the first person’s custody or guardianship—keep the child; or - (c) if the child has been lawfully removed from the first person’s custody or guardianship—keep the child beyond the period allowed for the removal.