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YOUNG OFFENDERS ACT 1997 - SCHEDULE 3

SCHEDULE 3 – Savings and transitional provisions

(Section 75)

Part 1 - General

1 Savings and transitional regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2) Any such provision may, if the regulations so provide, take effect on the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect on a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before its publication.

Part 2 - Provisions consequent on enactment of this Act

2 Existing proceedings

A court may take action under Part 4 or 5 in respect of criminal proceedings commenced, but not completed, before the commencement of this clause.

3 Early implementation of Act

(1) Regulations under clause 1 may limit the application of provisions of this Act to offences occurring in a specified part or parts of New South Wales for a specified period or periods.
(2) If a regulation is made under this clause, the application of the Act is limited as specified by the regulation even though the specified provisions of the Act have commenced.
(3) A regulation made under this clause ceases to have effect on the date that is 12 months after the date of commencement of this clause.

Part 3 - Provisions consequent on enactment of Courts and Other Legislation Amendment Act 2007

4 Definition

In this Part--

"amending Act" means the Courts and Other Legislation Amendment Act 2007 .

5 Application of amendments

(1) Any amendment made to this Act by the amending Act relating to the conduct of youth justice conferences or the giving of cautions extends to any child--
(a) who committed or is alleged to have committed an offence covered by this Act before the commencement of the amendment, and
(b) in respect of whom it has been decided (whether before or after the commencement of the amendment) that the child should be dealt with under this Act by means of a youth justice conference or caution, but that conference or caution has not yet been conducted or given.
(2) Section 7A (as inserted by the amending Act) and, accordingly, this Act extends in relation to any person--
(a) who committed or is alleged to have committed an offence covered by this Act before the commencement of that section, and
(b) was a child when the offence was committed or was alleged to have been committed, and
(c) who has not been previously dealt with under this Act in respect of the offence or alleged offence, and
(d) who is under the age of 21 years.
(3) The amendment made to section 10 by the amending Act applies to admissions made on or after the commencement of the amendment.

6 Abolition of Youth Justice Advisory Committee

(1) The Youth Justice Advisory Committee established by section 70 of this Act is abolished on the day on which that section is repealed by the amending Act (the
"abolition day" ).
(2) A person who, immediately before the abolition day, held office as a member of the Youth Justice Advisory Committee--
(a) ceases to hold office on that day, and
(b) is not entitled to be paid any remuneration or compensation because of ceasing to hold that office.
(3) Nothing in the clause prevents the Minister from convening one or more committees (including committees constituted with former members of the Youth Justice Advisory Committee) to advise the Minister in relation to matters arising under this Act.

Part 4 - Provisions consequent on enactment of Graffiti Legislation Amendment Act 2012

7 Application of amendments

(1) In this Part--

"amending Act" means the Graffiti Legislation Amendment Act 2012 .
(2) An amendment made to this Act by the amending Act relating to the giving of cautions or warnings with respect to an offence committed under the Graffiti Control Act 2008 applies in respect of an offence committed after the commencement of the amendment.

Part 5 - Provision consequent on enactment of Crimes Legislation Amendment Act 2012

8 Destruction and disclosure of records

(1) Anything done or omitted to be done before the commencement of Schedule 3.5 to the Crimes Legislation Amendment Act 2012 in relation to the destruction of records of warnings or the disclosure of records of, or relating to, warnings, cautions and conferences to the Bureau of Crime Statistics and Research that could have been validly done or omitted to be done if the amendments made to this Act by that Subschedule had been in force when it was done or omitted to be done, is taken to have been validly done or omitted to be done.
(2) Section 17 (4), as inserted by Schedule 3.5 to the Crimes Legislation Amendment Act 2012 , extends to records of warnings divulged to the Bureau of Crime Statistics and Research before the commencement of that Subschedule.

Part 6 - Provision consequent on enactment of Crimes and Courts Legislation Amendment Act 2013

9 Disclosure of records

Anything done or omitted to be done before the amendments of sections 17 and 66 by the Crimes and Courts Legislation Amendment Act 2013 , that could have been validly done or omitted to be done if the amendments had been in force when it was done or omitted to be done, is taken to have been validly done or omitted to be done.



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