Document ID: chunk:federal_register_of_legislation:C2024C00859:section:65zb
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 65ZB
Character Range: 287918–290047

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.