QLDIn ForceAct
Child Protection Act 1999
sec.165Offence to remove child from custody or guardianship—order made in another State
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### sec.165 Offence to remove child from custody or guardianship—order made in another State
This section applies if a person (the first person ) has responsibility for the custody or guardianship of a child, however that responsibility is described, under an order made under a child welfare law or interstate law of another State.
A person must not, in Queensland—
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.
s 165 ins 2000 No. 7 s 30
amd 2003 No. 57 s 39 (1) sch 3
(sec.165-ssec.1) This section applies if a person (the first person ) has responsibility for the custody or guardianship of a child, however that responsibility is described, under an order made under a child welfare law or interstate law of another State.
(sec.165-ssec.2) A person must not, in Queensland— 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.
- (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.