s.53Recovery of abducted children, etc.
53
Section 53Part 5 — PROTECTION OF CHILDREN

Recovery of abducted children, etc.

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Where it appears to the court that there is reason to believe that a child to whom this section applies —
has been unlawfully taken away or is being unlawfully kept away from the responsible person;
has run away or is staying away from the responsible person; or
is missing,
This section applies to the same children to whom section 52 applies and in this section "the responsible person" has the same meaning as in section 52.
A recovery order —
operates as a direction to any person who is in a position to do so to produce the child on request to any authorised person;
authorises the removal of the child by any authorised person;
requires any person who has information as to the child's whereabouts to disclose that information, if asked to do so, to a constable or an officer of the Department; and
authorises a constable to enter any premises specified in the order and search for the child, using reasonable force if necessary.
The court may make a recovery order only on the application of any person who has parental responsibility for the child by virtue of a care order or emergency protection order.
A recovery order shall name the child and any person who has parental responsibility for the child by virtue of a care order or emergency protection order.
Premises may only be specified under subsection (3)(d) if it appears to the court that there are reasonable grounds for believing the child to be on them.
In this section "an authorised person" means —
any person specified by the court;
any constable;
any person who is authorised —
after the recovery order is made; and
by a person who has parental responsibility for the child by virtue of a care order or an emergency protection order,
Where a person is authorised as mentioned in subsection (7)(c) —
the authorisation shall identify the recovery order; and
any person claiming to be so authorised shall, if asked to do so, produce some duly authenticated document showing that he is so authorised.
A person commits an offence if he intentionally obstructs an authorised person exercising the power under subsection (3)(b) to remove a child.
A person who commits an offence under this section is liable on summary conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding six months or to both.
A person shall not be excused from complying with any request made under subsection (3)(c) on the ground that complying with it might incriminate him or his spouse of an offence; but a statement or admission made in complying shall not be admissible in evidence against either of them in proceedings for an offence other than perjury.

Defined Terms

an authorised person

Cross References