Family Law Act 1975

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

proceedings (the Part VII proceedings) are pending for the making of a parenting order to which this Subdivision applies in relation to a child; and

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

a party (the carer) to the Part VII proceedings has served on the captain, owner or charterer a statutory declaration that:

relates to the Part VII proceedings; 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, after the institution of the Part VII proceedings.

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 Part VII proceedings, including:

the full name and the date of birth of the child to whom the proceedings relate; and

the full names of the parties to the proceedings; and

the name of the court, the nature of the proceedings and the date of institution of the proceedings; and

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

a statement that the Part VII proceedings are pending at the date of the declaration; and

such other matters (if any) as are prescribed.