Western Australian Consolidated Acts Western Australian Consolidated Acts (1) This section
applies if —
(a) a
parenting order to which this Subdivision applies is in force; and
(b) a
person in whose favour an order referred to in paragraph (a) was made has
served on the captain, owner or charterer of an aircraft or vessel a statutory
declaration made by the person not earlier than 7 days before the date of
service that —
(i)
relates to the order; and
(ii)
complies with subsection (4).
(2) Subject to
subsection (3), a person on whom a statutory declaration referred to in
subsection (1)(b) is served must not, intentionally or recklessly and
without reasonable excuse, permit a child identified in the statutory
declaration to leave a port or place in the State in the aircraft or vessel
for a destination outside Australia.
Penalty: $6 600.
(3) A person does not
commit an offence under subsection (2) if the child leaves the State, in
the aircraft or vessel —
(a) in
the company, or with the consent (evidenced by statutory declaration), of the
person who made the statutory declaration referred to in
subsection (1)(b); or
(b) in
accordance with an order —
(i)
of any court (whether of a kind referred to in
section 8(a) or (b) or otherwise) under any written law; or
(ii)
under a law of the Commonwealth or any other State or a
Territory, of a court of the Commonwealth or that State or Territory,
made at the same time,
or after, the order referred to in subsection (1)(a) was made.
(4) A statutory
declaration referred to in subsection (1)(b) must
contain —
(a) full
particulars of the relevant order referred to in subsection (1)(a),
including —
(i)
the full name and the date of birth of the child to whom
the order relates;
(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.
[Section 109 amended by No. 25 of 2002
s. 75; No. 35 of 2006 s. 157.]