Family Law Act 1975

A person (the first person) commits an offence if:

a parenting order to which this Subdivision applies is in force in relation to a child; and

the first person is a captain, owner or charterer of an aircraft or vessel; and

another person (the carer) in whose favour the parenting order was made has served on the first person a statutory declaration that:

relates to the parenting order; and

complies with subsection (4); and

the statutory declaration was made by the carer not earlier than 7 days before the date of service; and

the first person permits the child to leave a place in Australia in the aircraft or vessel; and

the destination of the aircraft or vessel is outside Australia; and

the child does not leave:

in the company, or with the consent in writing (authenticated as prescribed), of the carer; or

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.

Subsection (1) does not apply if the first person has a reasonable excuse.

A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

The statutory declaration must contain:

full particulars of the order, including:

the full name and the date of birth of the child to whom the order relates; and

the full names of the parties to the proceedings in which the order was made; and

the terms of the order; and

such other matters (if any) as are prescribed.