Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p30
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 30/86)
Character Range: 129491–132167

the Part VII proceedings.

Obligations of owners etc. of aircraft and vessels if residence order, contact order or care order made

"65ZA.(1) This section applies if:

(a) a residence order, a contact order or a care order (the 'Part VII order') is in force; and

   (b) a person in whose favour the Part VII order was made has served on the captain, owner or charterer of an aircraft or vessel a statutory declaration made by the person not earlier than 7 days before the date of service that:

       (i) relates to the order; and

       (ii) complies with subsection (4).

"(2) The person on whom the declaration is served must not, intentionally or recklessly and without reasonable excuse, permit the child identified in the declaration to leave a port or place in Australia in the aircraft or vessel for a destination outside Australia except as permitted by subsection (3).

Penalty: 60 penalty units.

"(3) Subsection (2) does not prohibit permitting the child to leave Australia in the aircraft or vessel if:

   (a) the child leaves in the company, or with the consent in writing (authenticated as prescribed), of the person who made the statutory declaration; or

   (b) the child leaves 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 Part VII order.

"(4) The statutory declaration must contain:

(a) full particulars of the Part VII 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.

Obligations of owners etc. of aircraft and vessels if proceedings for the making of residence order, contact order or care order are pending

"65ZB.(1) This section applies if:

   (a) proceedings (the 'Part VII proceedings') for the making of a residence order, a contact order or a care order are pending; and

   (b) a party to the proceedings has served on the captain, owner or charterer of a vessel a statutory declaration made by the party not earlier than 7 days before the date of service that:

       (i) relates to the proceedings; and

       (ii) complies with subsection (4).

"(2) The person on whom the declaration is served must not, intentionally or recklessly and without reasonable excuse, permit the child identified in the declaration to leave a port or place in Australia in the aircraft or vessel for a destination outside Australia except as permitted by subsection (3).

Penalty: 60 penalty units.

"(3)