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


YOUNG OFFENDERS (RELEASE ON LICENCE) AMENDMENT BILL 2013

South Australia

Young Offenders (Release on Licence) Amendment Bill 2013

A BILL FOR

An Act to amend the Young Offenders Act 1993.


Contents

Part 1—Preliminary
1Short title
2Amendment provisions

Part 2—Amendment of Young Offenders Act 1993
3Amendment of section 29—Sentencing youth as an adult
4Repeal of Part 5 Division 2
5Amendment of section 42A—Training Centre Review Board may direct youth to surrender firearm etc

Schedule 1—Transitional provisions
1Interpretation
2Applications under section 37 of Young Offenders Act 1993
3Youths currently subject to licence


The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Young Offenders (Release on Licence) Amendment Act 2013.

2—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Young Offenders Act 1993

3—Amendment of section 29—Sentencing youth as an adult

Section 29(4)—delete "murder must be sentenced to imprisonment for life." and substitute:

murder—

(a) must be sentenced to imprisonment for life; and

(b) will, for the purposes of this or any other Act, be taken to be sentenced as an adult.

4—Repeal of Part 5 Division 2

Part 5 Division 2—delete Division 2

5—Amendment of section 42A—Training Centre Review Board may direct youth to surrender firearm etc

Section 42A(1)—delete "section 37(3a)(a), or"

Schedule 1—Transitional provisions

1—Interpretation

In this Schedule—

repealed section means section 37 of the Young Offenders Act 1993 repealed by section 4.

2—Applications under section 37 of Young Offenders Act 1993

(1) Despite section 16 of the Acts Interpretation Act 1915 or a provision of any other Act or law, any right accrued but not yet exercised, or, if exercised, not yet determined, under the repealed section is, by force of this subclause, extinguished.

(2) To avoid doubt, subclause (1)

(a) prevents an application for release on licence from being made under the repealed section regardless of whether the youth could have made such an application before the commencement of that subclause; and

(b) defeats any application for release on licence made by a youth under the repealed section that had not yet been determined before the commencement of that subclause.

3—Youths currently subject to licence

(1) Subject to this clause, a release on licence of a youth under the repealed section that has not been cancelled will be taken to continue in accordance with its terms.

(2) Section 37 of the Young Offenders Act 1993, as in force immediately before the commencement of this clause, will be taken to continue to apply in relation to a release on licence continued under this clause as if that section had not been repealed.

 


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