Document ID: chunk:federal_register_of_legislation:C2024C00859:section:65za
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 65ZA
Character Range: 286193–287918

65ZA  Obligations of owners etc. of aircraft and vessels if certain parenting orders made
 (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).
 (4) The statutory declaration must contain:
 (a) full particulars of the order, including:
 (i) the full name and the date of birth of the child to whom the order relates; and
 (ii) the full names of the parties to the proceedings in which the order was made; and
 (iii) the terms of the order; and
 (b) such other matters (if any) as are prescribed.