Section 65ZB — Family Law Act 1975 (Cth)

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

(a) 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

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

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

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

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 Part VII proceedings, including:

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

(ii) the full names of the parties to the proceedings; and

(iii) the name of the court, the nature of the proceedings and the date of institution of the proceedings; and

(iv) 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

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

(c) such other matters (if any) as are prescribed.

Related sections

• 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 65ZA — Obligations of owners etc. of aircraft and vessels if certain parenting orders made
• s 65ZC — General provisions applicable to sections 65ZA and 65ZB
• s 65ZD — State or Territory laws stopping children leaving Australia not affected
• s 65ZE — Extended geographical jurisdiction—category D

Research how courts apply s 65ZB

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