Document ID: chunk:federal_register_of_legislation:C2024C00859:section:65y
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 65Y
Character Range: 279368–281015

65Y  Obligations if certain parenting orders have been made: taking or sending a child outside Australia
 (1) A 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 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 person in whose favour the parenting order was made; 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; and
 (d) the person:
 (i) is or was a party to the proceedings in which the parenting order was made; or
 (ii) is acting on behalf of, or at the request of, a person who is or was a party to the proceedings in which the parenting order was made.
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 or was the party to the 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).