Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p29
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 29/86)
Character Range: 127192–129728

18;

'pending' has a meaning affected by subsection (2).

"(2) For the purposes of this Subdivision, if an appeal against a decision of a court in proceedings has been instituted and is pending, the proceedings are taken to be pending and sections 65Z and 65ZB (rather than sections 65Y and 65ZA) apply.

Obligations if residence order, contact order or care order has been made

"65Y.(1) If a residence order, a contact order or a care order (the 'Part VII order') is in force, a person who was a party to the proceedings in which the order was made, or a person who is acting on behalf of, or at the request of, a party, must not, intentionally or recklessly, take or send, or attempt to take or send, the child concerned from Australia to a place outside Australia except as permitted by subsection (2).

Penalty: Imprisonment for 3 years.

"(2) Subsection (1) does not prohibit taking or sending, or attempting to take or send, the child from Australia to a place outside Australia if:

   (a) it is done with the consent in writing (authenticated as prescribed) of each person in whose favour the Part VII order was made; or

   (b) it is done 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.

Obligations if proceedings for the making of residence order, contact order or care order are pending

"65Z.(1) If proceedings (the 'Part VII proceedings') for the making of a residence order, a contact order or a care order are pending, a person who is a party to the proceedings, or who is acting on behalf of, or at the request of, a party, must not, intentionally or recklessly, take or send, or attempt to take or send, the child concerned from Australia to a place outside Australia except as mentioned in subsection (2).

Penalty: Imprisonment for 3 years.

"(2) Subsection (1) does not prohibit taking or sending, or attempting to take or send, the child from Australia to a place outside Australia if:

    (a) it is done with the consent in writing (authenticated as prescribed) of each other party to the Part VII proceedings; or

    (b) it is done 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.

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