Document ID: chunk:federal_register_of_legislation:C2018A00130:clause:6_65z
Version: federal_register_of_legislation:C2018A00130
Segment Type: clause
Provision Reference: sch 6 cl 65Z
Character Range: 35705–37341

65Z  Obligations if proceedings for the making of certain parenting orders are pending: taking or sending a child outside Australia
 (1) A 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 person takes or sends the child from Australia to a place outside Australia; and
 (c) the child is not taken or sent from Australia to a place outside Australia:
 (i) with the consent in writing (authenticated as prescribed) of each other party to the Part VII proceedings; 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; and
 (d) the person is:
 (i) a party to the Part VII proceedings; or
 (ii) acting on behalf of, or at the request of, a person who is a party to the Part VII proceedings.
Note: The ancillary offence provisions of the Criminal Code, including section 11.1 (attempts), apply in relation to the offence created by this section.
Penalty: Imprisonment for 3 years.

Exception
 (2) Subsection (1) does not apply if:
 (a) the person (whether or not the person is the party to the Part VII proceedings) takes or sends the child from Australia to a place outside Australia because the person believes the conduct is necessary to prevent family violence; and
 (b) the conduct is reasonable in the circumstances as the person perceives them.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).