65ZAObligations of owners etc. of aircraft and vessels if certain parenting orders made

65ZA Obligations of owners etc. of aircraft and vessels if certain parenting orders made

(1) A person (the first person) commits an offence if: (a) a parenting order to which this Subdivision applies is in force in relation to a child; and (b) the first person is a captain, owner or charterer of an aircraft or vessel; and (c) another person (the carer) in whose favour the parenting order was made has served on the first person a statutory declaration that: (i) relates to the parenting order; and (ii) complies with subsection (4); and (d) the statutory declaration was made by the carer not earlier than 7 days before the date of service; and (e) the first person permits the child to leave a place in Australia in the aircraft or vessel; and (f) the destination of the aircraft or vessel is outside Australia; and (g) the child does not leave: (i) in the company, or with the consent in writing (authenticated as prescribed), of the carer; or (ii) in accordance with an order of a court made, under this Part or under a law of a State or Territory, at the time of, or after, the making of the parenting order.

Penalty: 60 penalty units.

(2) Subsection (1) does not apply if the first person has a reasonable excuse.

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

(4) The statutory declaration must contain: (a) full particulars of the order, including: (i) the full name and the date of birth of the child to whom the order relates; and (ii) the full names of the parties to the proceedings in which the order was made; and (iii) the terms of the order; and (b) such other matters (if any) as are prescribed.