496Offence to counsel or induce child to be absent without lawful authority etc.

496 Offence to counsel or induce child to be absent without lawful authority etc. S. 496(1) amended by No. 61/2014 s. 150. (1) A person must not directly or indirectly— S. 496(1)(a) amended by No. 61/2014 s. 82(a). (a) without lawful authority or excuse, withdraw a child from the place in which the child had been placed under an interim accommodation order or by the Secretary under section 173; or (b) counsel, induce or assist a child placed as described in paragraph (a) to absent himself or herself from any such place; or S. 496(1)(c) amended by No. 61/2014 s. 82(b). (c) without lawful authority or excuse, withdraw a child from the parental responsibility of any person who has parental responsibility for the child under a permanent care order; or S. 496(1)(d) amended by No. 37/2014 s. 10(Sch. item 18.16). (d) without lawful authority or excuse, withdraw a child from the lawful custody of a police officer or other person; or S. 496(1)(e) amended by No. 37/2014 s. 10(Sch. item 18.16). (e) counsel or induce a child to absent himself or herself from the lawful custody of a police officer or other person. (2) Subsection (1) applies whether the conduct is carried out wholly within or wholly outside Victoria or partly within and partly outside Victoria. S. 496(3) amended by No. 61/2014 s. 150. (3) A person must not, by any conduct carried out within Victoria, without lawful authority or excuse withdraw a child from the place in which the child had been placed under a child protection order, or an interim order, within the meaning of Schedule 1 excluding an order referred to in subsection (1)(a). (4) If conduct constitutes an offence under 2 or more laws, a person who is convicted or found guilty or acquitted of the offence under a law referred to in paragraph (b) or (c) of subsection (5) is not liable to be prosecuted for the offence under this section. (5) In subsection (4) ***law*** means— (a) this section; or (b) a law of another State or a Territory of Australia; or (c) a law of New Zealand. (6) A prosecution can only be commenced for an offence under this section after the Secretary has been consulted about the matter. S. 497 amended by Nos 61/2014 s. 150, 43/2017 s. 60 (ILA s. 39B(1)).