Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p31
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 31/86)
Character Range: 131917–134550

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 party who made the statutory declaration; or

   (b) 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.

"(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.

General provisions applicable to sections 65ZA and 65ZB

"65ZC.(1) A declaration under section 65ZA or 65ZB may be served on the owner or charterer of an aircraft or vessel, or on the agent of the owner of an aircraft or vessel, by sending the declaration by registered post addressed to the owner, charterer or agent at the principal place of business of the owner, charterer or agent.

"(2) The captain, owner or charterer of an aircraft or vessel, or the agent of the owner of an aircraft or vessel, is not liable in any civil or criminal proceedings in respect of anything done in good faith for the purpose of complying with section 65ZA or 65ZB.

"(3) If an act or omission by a person that constitutes an offence against subsection 65ZA(2) or 65ZB(2) is also an offence against any other law, the person may be prosecuted and convicted under that other law, but nothing in this subsection makes a person liable to be punished twice in respect of the same act or omission.

State or Territory laws stopping children leaving Australia not affected

"65ZD. Nothing in this Subdivision prevents or restricts the operation of any law of a State or Territory under which:

   (a) action may be taken to prevent a child from leaving Australia or being taken