Document ID: chunk:federal_register_of_legislation:C2018A00130:clause:6_47a
Version: federal_register_of_legislation:C2018A00130
Segment Type: clause
Provision Reference: sch 6 cl 47A
Character Range: 39149–40500

47A  Subsections 65ZA(1) to (3)
Repeal the subsections, substitute:
 (1) A person (the first 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 first person is a captain, owner or charterer of an aircraft or vessel; and
 (c) another person (the carer) in whose favour the parenting order was made has served on the first person a statutory declaration that:
 (i) relates to the parenting order; 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, at the time of, or after, the making of the parenting order.
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).