Defence
62 Defence
It is a defence to a charge under section 61 for the person who is bound by the order to satisfy the court that in carrying out the act that constituted the offence, the person was —
using a process of family dispute resolution, as defined in the Family Court Act 1997; or
instructing, or acting through, a legal practitioner or a person acting under section 48 of the Aboriginal Affairs Planning Authority Act 1972, or using conciliation, mediation or another form of consensual dispute resolution provided by a legal practitioner; or
acting in accordance with an action taken by a person or authority under a child welfare law, within the meaning of section 50B(4); or
attending a court hearing in proceedings under this Act or under any other written law; or
acting as the result of such an emergency that an ordinary person in similar circumstances would have acted in the same or a similar way.
[(2) deleted]
[Section 62 inserted: No. 38 of 2004 s. 42; amended: No. 35 of 2006 s. 208; No. 21 of 2008 s. 699; No. 49 of 2016 s. 62.]
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