Section 446 — Children, Young Persons, and Their Families Act 1989: Offences

446 Offences (1) Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000 who— (a) Knowingly hinders or obstructs any person in the execution of a warrant under section 39 or section 40 or section 122 or section 157(2) or section 205 or section 386 of this Act, or in the exercise of the power conferred by section 42(1) or section 105(2) or section 318(1) or section 401(1)(a) or section 409(1)(a) of this Act (including the power conferred by section 105(2) of this Act and applied in sections 80 , 82(5) , 104(3)(c) , and 106(2) of this Act); or (b) Wilfully fails or refuses to afford to any person engaged in the execution of the warrant or the exercise of the power immediate entrance to any premises or any part of any premises; or (c) Without lawful authority removes from the custody of the chief executive any child or young person who has been placed in the custody of the chief executive pursuant to section 39 or section 40 or section 42 of this Act. (2) Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who— (a) Incites or knowingly assists any child or young person to depart without proper authority from any residence under this Act, or from the custody and care of any person who for the time being has been lawfully entrusted under this Act with the custody or care of the child or young person: (b) Without lawful authority removes any child or young person from any residence under this Act, or from the custody or care of any person as aforesaid: (c) Harbours or conceals any child or young person who has departed without proper authority or been removed without lawful authority from any residence under this Act, or from the custody or care of any person as aforesaid: (d) Obstructs any Social Worker or other officer of the Department in obtaining possession of any child or young person for the time being in the care of the chief executive or placed under the guardianship of the chief executive, or in carrying out any order under this Act. Compare: 1974 No 72 s 103 Subsections (1)(c) and (2)(d) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “ chief executive ” for “ Director-General ” .