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This is a Bill, not an Act. For current law, see the Acts databases.

YOUTH JUSTICE (CONSEQUENTIAL AMENDMENTS) BILL 2005

Youth Justice (Consequential Amendments) Bill 2005
Dr Toyne






A BILL
for
AN ACT

to amend various Acts and subordinate legislation consequent on the enactment of the Youth Justice Act 2005


NORTHERN TERRITORY OF AUSTRALIA

YOUTH JUSTICE (CONSEQUENTIALAMENDMENTS) ACT 2005

____________________

Act No. [ ] of 2005
____________________

TABLE OF PROVISIONS


Section

1. Short title
2. Commencement
3. Amendment of Justices Act
4. Amendment of Police Administration Act
5. Amendment of other laws
6. Amendment by regulation or rule authorised
7. Expiry of Act

SCHEDULE


NORTHERN TERRITORY OF AUSTRALIA
____________________

Act No. [ ] of 2005
____________________


AN ACT


to amend various Acts and subordinate legislation consequent on the enactment of the Youth Justice Act 2005




[Assented to [ ] 2005]
[Second reading [ ] 2005]




The Legislative Assembly of the Northern Territory enacts as follows:


1. Short title
This Act may be cited as the Youth Justice (Consequential Amendments) Act 2005.

2. Commencement
This Act comes into operation on the commencement of the Youth Justice Act 2005.

3. Amendment of Justices Act
(1) This section amends the Justices Act.

(2) Sections 123A and 161 –

repeal

4. Amendment of Police Administration Act
(1) This section amends the Police Administration Act.

(2) Section 4(1), definition of "forensic procedure approval", paragraph (b) –

omit, substitute

(b) a magistrate under section 30 or 31 of the Youth Justice Act;

(3) Section 4(1), definition of "forensic procedure approval", paragraph (c)(ii) –

omit, substitute

(ii) section 31(2)(b) of the Youth Justice Act;

(4) Section 14A(1)(b) –

(5) Section 14A(2)(b) – (2) Without limiting subsection (1), general orders may include a code of conduct to be observed in the Police Force.

(6) Part VII, Division 2B –

repeal

(7) Section 133A, definition of "person" –

omit

juvenile as defined in the Juvenile Justice Act

substitute

youth within the meaning of the Youth Justice Act

(8) Section 145B(3) –

omit

(9) Section 147E(4)(a)(ii) –

omit, substitute

(ii) on a youth – section 30 of the Youth Justice Act; or

(10) Section 147E(4)(b)(ii) –

omit, substitute

(ii) on a youth – section 31 of the Youth Justice Act.

(11) Section 147E(6), definition of "juvenile" –

omit, substitute

"youth" has the same meaning as in the Youth Justice Act.

5. Amendment of other laws

6. Amendment by regulation or rule authorised
(1) A regulation amended as set out in the Schedule may be amended or repealed by a regulation as if the amendment had been made by a regulation.

(2) A rule amended as set out in the Schedule may be amended or repealed by a rule as if the amendment had been made by a rule.

7. Expiry of Act

____________________________

SCHEDULE

Section 5
AMENDMENT OF OTHER LAWS
Provision
Amendment
omit substitute
Bail Act
Section 3(1)

– definition of "appeal", paragraph (b)

– definition of "court", paragraph (c)

section 58 of the Juvenile section 144 of the Justice Act Youth Justice Act

the whole paragraph (c) the Youth Justice Court continued in existence by section 45 of the Youth Justice Act;
Section 24(1)(c)(iv)a juvenile within the a youth within the
meaning of the Juvenile meaning of the
Justice Act, the Youth Justice Act, likelihood of injury or the likelihood of
the child or juvenile injury or danger being caused to the child or youth
danger being caused to
Bail Regulations
Schedule

– Forms 1, 3 and 4

Juvenile Court Youth Justice Court
(all references)
Child Protection (Offender Reporting and Registration) Act
Section 3

– definition of "detainee"

– definition of "good behaviour bond", paragraph (b)

Juvenile Justice Act Youth Justice Act

section 53(1)(d) of the section 83(1)(f) of the
Juvenile Justice Act Youth Justice Act

– definition of "sentence", paragraph (a)section 53 of the Part 6 of the Youth
Juvenile Justice Act Justice Act
– definition of "supervised sentence"

    – paragraph (a)




    – paragraph (b)
home detention order home detention order under the Sentencing Act or an alternative detention order under the Youth Justice Act

Juvenile Justice Act Youth Justice Act

Section 69

– definition of "court", paragraph (a)

Juvenile Court Youth Justice Court
Section 91(1)(d)juvenile youth
Section 93(1)(c)juvenile child
Coroners Act
Section 12(1)

– definition of "person held in custody", paragraph (b)(ii)

Juvenile Justice Act Youth Justice Act
Court Security Act
Section 4

– definition of "court", paragraph (d)

the whole paragraph (d) the Youth Justice Court continued in existence by section 45 of the Youth Justice Act;
Crimes (Victims Assistance) Act
Section 25B(5)juvenile youth within the meaning of the Youth Justice Act
Criminal Code
Section 164(3)section 39(2) of the section 82(3) of the
Juvenile Justice Act Youth Justice Act
Criminal Records (Spent Convictions) Act
Section 3(1)

– definition of "court", paragraph (b)

the whole paragraph (b) the Youth Justice Court continued in existence by section 45 of the Youth Justice Act;
– definition of "criminal record"

– paragraph (d)



    – paragraph (j)
section 53 of the Part 6 of the Youth Justice Act Justice Act

juvenile youth

– definition of "detention centre"juvenile detention centre youth detention centre
approved under section 62 approved under section
of the Juvenile Justice Act 147 of the Youth Justice Act
– definition of "imprisonment", paragraph (b)section 53(5) of the section 83(1)(k) of the
Juvenile Justice Act Youth Justice Act
Section 3(2)(e)section 53 of the Part 6 of the Youth
Juvenile Justice Act Justice Act
Section 4(3)(b)section 90 of the section 136 of the
Juvenile Justice Act Youth Justice Act
Section 6(2)(a)Juvenile Court within Youth Justice Court
the meaning of the within the meaning
Juvenile Justice Act of the Youth Justice Act
Section 6(2A)Juvenile Court Youth Justice Court
(within the meaning of (within the meaning
the Juvenile Justice of the Youth Justice Act)
Act)
Section 6A(1)

– definition of "offender"

Juvenile Court Youth Justice Court
(within the meaning of (within the meaning
the Juvenile Justice of the Youth Justice Act) Act)
Section 7(3)section 53 of the section 83 of the
Juvenile Justice Act, Youth Justice Act, not
not being an order made being an order made
under subsection (1)(a) under subsection (1)(a)
of that section or (b) of that section
Director of Public Prosecutions Act
Section 22(b)juvenile court Youth Justice Court
Evidence Act
Section 21A(5)Juvenile Justice Act Youth Justice Act
Section 49

– definition of "Territory Court", paragraph (e)

Juvenile Court Youth Justice Court
Fines and Penalties (Recovery) Act
Section 3(2)Juvenile Justice Act Youth Justice Act
Section 5

– definition of "juvenile"

the whole definition "youth" has the same meaning as in the Youth Justice Act.
(insert in alphabetical order)
Section 7(2)juvenile youth
Section 35(3)Juvenile Justice Act Youth Justice Act
Section 46(6)juvenile youth

Juvenile Court Youth Justice Court

Section 77(3)(a)the whole paragraph (a) sections 95 and 96(1) of the Youth Justice Act; and
Section 84(2)Juvenile Justice Act Youth Justice Act
Section 87(2) juvenile youth
Section 110(1) and (2)juvenile youth
(all references)
Section 121(3) and (4)Juvenile Justice Act Youth Justice Act
Law Reform (Miscellaneous Provisions) Act
Section 29A(3)Juvenile Justice Act Youth Justice Act
Personal Injuries (Liabilities and Damages) Act
Section 7(7)

– definition of "community work"

Juvenile Justice Act Youth Justice Act
Prisoners (Interstate Transfer) Act
Section 3(1)

– definition of "Territory sentence of imprisonment"

Juvenile Justice Act Youth Justice Act
Prisons (Correctional Services) Act
Section 21(1)Juvenile Justice Act Youth Justice Act
Records of Depositions Act
Section 4(c)Juvenile Court Youth Justice Court
Sentencing Act
Section 4Juvenile Court Youth Justice Court
established under the continued in existence
Juvenile Justice Act and by the Youth Justice Act
the Supreme Court
when exercising its
jurisdiction under or in
pursuance of that Act
Supreme Court Rules
Rule 81A.41(1)(b)Juvenile Justice Act Youth Justice Act
Rule 83.01

– definition of "Acts"

Juvenile Justice Act Youth Justice Act
Uncollected Goods Regulations
Regulation 2(b)(i)the whole subparagraph
Work Health Act
Section 3(4)section 53(1)(e) of the section 83(1)(h) of the
Juvenile Justice Act Youth Justice Act
____________________________
__________________

ALTERATION TO SECTION HEADINGS

On the day on which the Child Protection (Offender Reporting and Registration) Act is amended by this Act, the heading to section 38 is altered by omitting "juvenile" and substituting "child".

On the day on which the Fines and Penalties (Recovery) Act is amended by this Act, the heading to section 110 is altered by omitting "juvenile" and substituting "youth".

On the day on which the Prisons (Correctional Services) Act is amended by this Act, the heading to section 21 is altered by omitting "juvenile" and substituting "youth".

EXPLANATORY STATEMENT



GENERAL OUTLINE

The Youth Justice (Consequential Amendments) Bill 2005 is to amend various Acts and subordinate legislation consequent on the enactment of the Youth Justice Act 2005.

NOTES ON CLAUSES

Clause 1. Short Title

This is a formal clause which provides for the citation of the Bill. The Bill, when passed, may be cited as the Youth Justice (Consequential Amendments) Act 2005.

Clause 2. Commencement

The Act will come into operation on the commencement of the Youth Justice Act 2005.

Clause 3. Amendments of Justices Act

This clause repeals two sections of the Justices Act (sections 123A and 161) which provided for the summary trial of children and which have no operation in view of the specific Youth Justice Act dealing with youth.

Clause 4. Amendments of Police Administration Act

This clause amends certain sections of the Police Administration Act. The amendments to section 14A and Division 2B of Part VII are because the diversion provisions are now in the Youth Justice Act and the repeal of section 145B(3) is because voluntary non-intimate procedures for youth are now provided for in the Youth Justice Act. Other amendments correct terminology and section references – the Youth Justice Act instead of the Juvenile Justice Act and “youth” instead of “juvenile”.

Clause 5. Amendments of other laws

This clause provides for the laws specified in the Schedule to be amended, as a consequence of the enactment of the Youth Justice Act, as set out in the Schedule. The amendments are generally to correct terminology, although the amendment to section 4 of the Sentencing Act makes it clear that the Supreme Court can exercise powers under either the Sentencing Act or the Youth Justice Act.

Clause 6. Amendment by regulation or rule authorised

This clause provides that a regulation or rule amended by the Schedule (being the amendments to the Bail Regulations, the Uncollected Goods Regulations and the Supreme Court Rules in the Schedule) can subsequently be amended or repealed as if the amendment had been made by a regulation or rule.

Clause 7. Expiry of Act

This clause provides for the expiry of this Act on the day after commencement of the Youth Justice Act 2005.

 

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