Section 65ZA — Family Law Act 1975 (Cth)

(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.

Related sections

• s 65YA — Obligations if certain parenting orders have been made: retaining a child outside Australia
• s 65Z — Obligations if proceedings for the making of certain parenting orders are pending: taking or sending a child outside Australia
• s 65ZAA — Obligations if proceedings for the making of certain parenting orders are pending: retaining a child outside Australia
• s 65ZB — Obligations of owners etc. of aircraft and vessels if proceedings for the making of certain parenting orders are pending
• s 65ZC — General provisions applicable to sections 65ZA and 65ZB
• s 65ZD — State or Territory laws stopping children leaving Australia not affected

Research how courts apply s 65ZA

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