Family Law Act 1975
65ZBObligations of owners etc. of aircraft and vessels if proceedings for the making of certain parenting orders are pending
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65ZB Obligations of owners etc. of aircraft and vessels if proceedings for the making of certain parenting orders are pending
(1) A person (the first person) commits an offence if: (a) proceedings (the Part VII proceedings) are pending for the making of a parenting order to which this Subdivision applies in relation to a child; and (b) the first person is a captain, owner or charterer of an aircraft or vessel; and (c) a party (the carer) to the Part VII proceedings has served on the captain, owner or charterer a statutory declaration that: (i) relates to the Part VII proceedings; 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, after the institution of the Part VII proceedings.
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 Part VII proceedings, including: (i) the full name and the date of birth of the child to whom the proceedings relate; and (ii) the full names of the parties to the proceedings; and (iii) the name of the court, the nature of the proceedings and the date of institution of the proceedings; and (iv) if an appeal has been instituted in the proceedings—the name of the court in which the appeal was instituted and the date on which it was instituted; and (b) a statement that the Part VII proceedings are pending at the date of the declaration; and (c) such other matters (if any) as are prescribed.