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TASMANIA
__________
YOUTH JUSTICE (MISCELLANEOUS
AMENDMENTS) BILL 2012
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - YOUTH JUSTICE ACT 1997 AMENDED
3. Principal Act
4. Long title amended
5. Section 3 amended (Interpretation)
6. Section 4 amended (Objectives of Act)
7. Section 5 amended (General principles of youth justice)
8. Section 6A inserted
6A. Activities that may be performed as community
service
9. Section 10 amended (Formal caution)
10. Section 11 amended (Caution administered by Aboriginal Elder
or representative)
11. Section 12A inserted
12A. Where undertakings in formal caution not
substantially fulfilled
12. Section 14 amended (Convening of community conference)
13. Section 16 amended (Powers of community conference)
[Bill 51]-XI
14. Section 19 amended (Procedure after community conference)
15. Section 22 amended (Confidentiality)
16. Part 3: Heading amended
17. Section 24 amended (Limit on power to arrest)
18. Sections 24A, 24B and 24C inserted
24A. Duties of police officer where youth arrested
24B. Conditions of bail
24C. Breach of condition of bail
19. Section 25A inserted
25A. Searches of youths
20. Section 31 amended (Restrictions on reporting proceedings)
21. Section 33AA inserted
33AA. Court may request oral presentence report
22. Section 36A inserted
36A. Victim impact statements
23. Section 38 amended (Convening of community conference)
24. Section 40A inserted
40A. Additional requirements for court-ordered
community conference
25. Section 41 amended (Dismissal of charge)
26. Section 45 amended (Confidentiality of community conference)
27. Section 47 amended (Sentences and other orders that may be
imposed)
28. Section 49 amended (Recording conviction)
29. Section 54A inserted
54A. Discharge of release and adjournment order
30. Section 56 amended (Contravention of release and adjournment
order)
31. Part 4, Division 7A inserted
Division 7A - Deferral of sentencing
56A. When sentence may be deferred under section
47(1)(j)
56B. Grant of bail and review
56C. Amendment of date of order deferring sentencing of
youth
56D. When order deferring sentence may be revoked
2
32. Section 65 amended (Probation order)
33. Section 68 amended (Contravention of probation order)
34. Section 69 amended (Community service order)
35. Section 70 amended (Preconditions for making community
service order)
36. Section 74 repealed
37. Section 76 amended (Review of community service order, &c.)
38. Section 77 amended (Contravention of community service order)
39. Section 90 amended (Suspended detention order)
40. Section 93 amended (Review of suspended detention order)
41. Section 94 amended (Contravention of suspended detention
order)
42. Section 99A amended (Contravention of rehabilitation program
order)
43. Section 101A inserted
101A. Workers rehabilitation provisions apply to youth
performing community service
44. Section 105 amended (Adjournment to determine mental health
or disability of youth)
45. Section 111 amended (Supervised release order subject to
conditions)
46. Section 129 amended (Rights of detainee)
47. Section 161A inserted
161A. Court may impose certain sentences under
Sentencing Act 1997
48. Section 165 amended (Delegation)
49. Section 167A inserted
167A. Protection against prosecution in relation to certain
disclosures of information
PART 3 - MONETARY PENALTIES ENFORCEMENT ACT 2005
AMENDED
50. Principal Act
51. Section 4 amended (Application of Act)
3
PART 4 - POLICE OFFENCES ACT 1935 AMENDED
52. Principal Act
53. Section 37F amended (Disqualification from driving)
54. Section 55 amended (Arrest)
PART 5 - VICTIMS OF CRIME COMPENSATION ACT 1994
AMENDED
55. Principal Act
56. Section 5 amended (Liability of convicted persons to pay
compensation levy)
PART 6 - REPEAL OF ACT
57. Repeal of Act
4
YOUTH JUSTICE (MISCELLANEOUS
AMENDMENTS) BILL 2012
(Brought in by the Minister for Children, the Honourable
Michelle Anne O'Byrne)
A BILL FOR
An Act to amend the Youth Justice Act 1997, and, in their
application to youths, certain provisions in the Monetary
Penalties Enforcement Act 2005, the Police Offences Act
1935 and the Victims of Crime Compensation Act 1994
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Youth Justice
(Miscellaneous Amendments) Act 2012.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
[Bill 51] 5
Youth Justice (Miscellaneous Amendments) Act 2012
Act No. of
s. 3 Part 2 - Youth Justice Act 1997 Amended
PART 2 - YOUTH JUSTICE ACT 1997 AMENDED
3. Principal Act
In this Part, the Youth Justice Act 1997* is
referred to as the Principal Act.
4. Long title amended
The long title of the Principal Act is amended by
omitting "punishment" and substituting
"sanctioning".
5. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of Chief Magistrate:
Commissioner for Children means the
Commissioner for Children
appointed under section 78 of the
Children, Young Persons and
Their Families Act 1997;
(b) by inserting the following definitions
after the definition of community
conference:
*No. 81 of 1997
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Youth Justice (Miscellaneous Amendments) Act 2012
Act No. of
Part 2 - Youth Justice Act 1997 Amended s. 5
community service means attending,
or undertaking, a community
service activity;
community service activity means an
activity that is approved under
section 6A;
(c) by inserting the following definition after
the definition of complaint:
controlled substance has the same
meaning as in the Misuse of
Drugs Act 2001;
(d) by inserting the following definition after
the definition of detention period:
Director, Monetary Penalties
Enforcement Service has the
same meaning as in the Monetary
Penalties Enforcement Act 2005;
(e) by inserting the following definition after
the definition of goods:
Government Agency has the same
meaning as in the Children,
Young Persons and Their
Families Act 1997;
(f) by inserting the following definition after
the definition of informal caution:
information-sharing entity has the
same meaning as in the Children,
7
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s. 5 Part 2 - Youth Justice Act 1997 Amended
Young Persons and Their
Families Act 1997;
(g) by inserting the following definition after
the definition of legal representative:
nominated adult, in relation to a
youth, means an adult who -
(a) has had a close
association with the youth
or has been counselling,
advising or aiding the
youth; and
(b) has not been charged with
the offence in respect of
which the youth has been
taken into custody or is
not suspected, by a police
officer on reasonable
grounds, of being directly
or indirectly involved in
the commission of that
offence; and
(c) has been nominated by
the youth;
(h) by inserting the following subparagraph
after subparagraph (iii) in paragraph (b)
of the definition of prescribed offence:
(iiia) an offence under section 125A of
the Criminal Code (maintaining a
sexual relationship with a young
8
Youth Justice (Miscellaneous Amendments) Act 2012
Act No. of
Part 2 - Youth Justice Act 1997 Amended s. 6
person under the age of 17 years);
and
(i) by omitting the definition of responsible
adult and substituting the following
definition:
responsible adult, in relation to a
youth, means a person who -
(a) is a nominated adult in
relation to the youth; or
(b) if there is no nominated
adult in relation to the
youth, a justice of the
peace;
6. Section 4 amended (Objectives of Act)
Section 4 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (e)
"treatment, punishment and
rehabilitation" and substituting
"treatment and rehabilitation and, if
necessary, is appropriately sanctioned";
(b) by omitting from paragraph (f)(ii)
"punishing" and substituting
"sanctioning";
(c) by omitting from paragraph (h)
"behaviour." and substituting "behaviour;
and";
9
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s. 7 Part 2 - Youth Justice Act 1997 Amended
(d) by inserting the following paragraph after
paragraph (h):
(i) to ensure that, wherever
practicable, a youth who has
committed an offence is provided
with appropriate opportunities to
repair any harm caused by the
commission of the offence to the
victim of the offence and the
community and to reintegrate
himself or herself into the
community.
7. Section 5 amended (General principles of youth
justice)
Section 5 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(h)
"punishment" and substituting "any
sanctioning";
(b) by omitting from subsection (1)(i)
"punishment" and substituting "any
sanctioning";
(c) by omitting from subsection (1)(j)
"punishment" and substituting "any
sanctioning";
(d) by omitting from subsection (2)(e)
"impaired." and substituting "impaired;";
10
Youth Justice (Miscellaneous Amendments) Act 2012
Act No. of
Part 2 - Youth Justice Act 1997 Amended s. 8
(e) by inserting the following paragraph after
paragraph (e) in subsection (2):
(f) an Aboriginal youth should be
dealt with in a manner that
involves his or her cultural
community.
8. Section 6A inserted
After section 6 of the Principal Act, the
following section is inserted in Part 1:
6A. Activities that may be performed as
community service
(1) The Secretary is to approve the types of
activity that may be undertaken in the
performance of community service, other
than community service for the purposes
of section 10.
(2) The Commissioner of Police is to
approve the types of activity that may be
undertaken in the performance of
community service for the purposes of
section 10.
(3) Without limiting the generality of
subsections (1) and (2), the activities that
may be approved under those subsections
include attendance at -
(a) programs that constitute
education or training; or
11
Youth Justice (Miscellaneous Amendments) Act 2012
Act No. of
s. 9 Part 2 - Youth Justice Act 1997 Amended
(b) programs run for the purpose of
assisting youths who have
committed offences to reintegrate
into the community; or
(c) health and personal development
programs.
(4) The Secretary, or the Commissioner of
Police, may not approve a type of
activity under subsection (1) or (2)
unless -
(a) he or she is of the opinion that the
type of activity is suitable for the
performance of community
service by youths; and
(b) the type of activity is able to be
provided to youths; and
(c) youths undertaking the activity
will not be paid for doing so.
9. Section 10 amended (Formal caution)
Section 10 of the Principal Act is amended as
follows:
(a) by omitting paragraph (c) from
subsection (2) and substituting the
following paragraphs:
(c) if the youth is 13 or more years
old when required to enter into
the undertaking, an undertaking
to perform a specified period (of
12
Youth Justice (Miscellaneous Amendments) Act 2012
Act No. of
Part 2 - Youth Justice Act 1997 Amended s. 9
not more than 35 hours) of
community service consisting of
a community service activity
which is for the benefit of the
victim of the offence or a purpose
specified in section 6A(3);
(ca) if the youth is less than 13 years
old when required to enter into
the undertaking, an undertaking
to perform a specified period (of
not more than 35 hours) of
community service consisting of
a community service activity
which is for a purpose specified
in section 6A(3)(a) or (c);
(b) by inserting the following subsections
after subsection (2):
(2A) An undertaking must not be
required under subsection (2)(c)
or (ca) if the effect would be to
require the youth to undertake a
number of hours of community
service that would, when
combined with the number of
hours of community service the
youth still has to perform under
all undertakings previously
entered into under one of those
subsections or section 16(1)(e),
total -
(a) more than 70 hours, if the
youth is less than 16 years
13
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Act No. of
s. 10 Part 2 - Youth Justice Act 1997 Amended
old when required to enter
into the undertaking; or
(b) more than 210 hours, if
the youth is 16 or more
years old when required
to enter into the
undertaking.
(2B) An undertaking under
subsection (2)(c) or (ca) operates
cumulatively to every other such
undertaking under that subsection
or section 16(1)(e).
(c) by inserting in subsection (8) "and
substantially fulfil" after "into";
(d) by inserting the following subsection
after subsection (8):
(8A) For the purposes of
subsection (8), a youth who has
failed to substantially fulfil an
undertaking is to be taken to have
substantially fulfilled the
undertaking if the youth has a
reasonable excuse for the failure.
10. Section 11 amended (Caution administered by
Aboriginal Elder or representative)
Section 11(1) of the Principal Act is amended by
omitting "may be" and substituting "is to be, if
practicable,".
14
Youth Justice (Miscellaneous Amendments) Act 2012
Act No. of
Part 2 - Youth Justice Act 1997 Amended s. 11
11. Section 12A inserted
After section 12 of the Principal Act, the
following section is inserted in Division 2:
12A. Where undertakings in formal caution not
substantially fulfilled
(1) This section applies in relation to a youth
in respect of an offence if -
(a) a formal caution is, in accordance
with section 9(1)(a), administered
to the youth under section 10 in
relation to an offence; and
(b) the youth fails, without
reasonable excuse, to
substantially fulfil an undertaking
that he or she was required, when
13 or more years old, to enter into
under section 10 in relation to the
offence.
(2) If this section applies in relation to a
youth in respect of an offence, an
authorised police officer -
(a) may decide to take no further
action in relation to the offence;
or
(b) after consultation with the
Secretary, may deal with the
youth again under section 9 in
relation to the offence.
15
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Act No. of
s. 11 Part 2 - Youth Justice Act 1997 Amended
(3) If a youth fails, without reasonable
excuse, to substantially fulfil an
undertaking (the previous undertaking)
that he or she was required, when 13 or
more years old, to enter into under
section 10 in relation to the offence and,
in accordance with subsection (2)(b), an
authorised police officer deals with the
youth again under section 9 in relation to
the offence -
(a) any undertakings, including the
previous undertaking, in relation
to the offence cease to be in
force; and
(b) the failure to substantially fulfil
the previous undertaking is to be
taken, for the purpose of the
application of section 10(8) to the
offence, not to have occurred.
(4) If this section applies in relation to a
youth in respect of an offence, a
complaint may, despite section 26(1)(a)
of the Justices Act 1959, be filed in
accordance with section 9(1)(c) for the
offence even though the complaint is
filed after the end of the period of
6 months after the time when the matter
of complaint arose, but may only be filed
before the end of the relevant period in
relation to the undertaking, in respect of
the offence, that the youth has failed to
substantially fulfil.
16
Youth Justice (Miscellaneous Amendments) Act 2012
Act No. of
Part 2 - Youth Justice Act 1997 Amended s. 12
(5) For the purposes of subsection (4), the
end of the relevant period in relation to
an undertaking is -
(a) if a date or period was specified
in the undertaking as the date or
period by the expiry of which the
undertaking is to be fulfilled, that
date or the last day of that period,
as the case may be; or
(b) if paragraph (a) does not apply to
the undertaking, within 3 months
after the undertaking was entered
into.
12. Section 14 amended (Convening of community
conference)
Section 14(2)(c) of the Principal Act is amended
by inserting after subparagraph (i) the following
subparagraph:
(ia) a youth justice worker;
13. Section 16 amended (Powers of community
conference)
Section 16 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(e)
"require" and substituting "if the youth is
13 or more years old, require";
17
Youth Justice (Miscellaneous Amendments) Act 2012
Act No. of
s. 13 Part 2 - Youth Justice Act 1997 Amended
(b) by omitting subsection (3) and
substituting the following subsections:
(3) An undertaking must not be
required under subsection (1)(e)
if the effect would be to require
the youth to undertake a number
of hours of community service
that would, when combined with
the number of hours of
community service the youth still
has to perform under all
undertakings previously entered
into under that subsection or
section 10(2)(c), total -
(a) more than 70 hours, if the
youth is 13, 14 or 15
years old when required
to enter into the
undertaking; or
(b) more than 210 hours, if
the youth is 16 or more
years old when required
to enter into the
undertaking.
(4) An undertaking under
subsection (1)(e) operates
cumulatively to every other such
undertaking under that subsection
or section 10(2)(c).
18
Youth Justice (Miscellaneous Amendments) Act 2012
Act No. of
Part 2 - Youth Justice Act 1997 Amended s. 14
14. Section 19 amended (Procedure after community
conference)
Section 19 of the Principal Act is amended as
follows:
(a) by omitting paragraph (a) from
subsection (1) and substituting the
following paragraph:
(a) file with the district registrar each
undertaking to pay compensation
or make restitution entered into
by the youth; and
(b) by inserting the following subsection
after subsection (1):
(1A) If an undertaking to pay
compensation or make restitution
is filed with the district registrar
in accordance with
subsection (1)(a), the district
registrar must -
(a) refer the undertaking to
the Director, Monetary
Penalties Enforcement
Service for collection of
the amount of
compensation or
restitution; and
(b) notify the Director,
Monetary Penalties
Enforcement Service of
19
Youth Justice (Miscellaneous Amendments) Act 2012
Act No. of
s. 15 Part 2 - Youth Justice Act 1997 Amended
the date the undertaking
was entered into.
(c) by omitting from subsection (2) "district
registrar" and substituting "Director,
Monetary Penalties Enforcement
Service";
(d) by omitting from subsection (3) "district
registrar" and substituting "Director,
Monetary Penalties Enforcement
Service";
(e) by omitting from subsection (6) "district
registrar" and substituting
"Commissioner of Police".
15. Section 22 amended (Confidentiality)
Section 22 of the Principal Act is amended by
inserting after subsection (4) the following
subsection:
(4A) Subsection (1) does not apply to the
provision of information in relation to a
youth -
(a) if the youth consents in writing to
the provision of the information
for the purpose of the
rehabilitation of the youth or a
related purpose; or
(b) between an information-sharing
entity and a Government Agency
for the purpose of the
20
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Act No. of
Part 2 - Youth Justice Act 1997 Amended s. 16
rehabilitation of the youth or a
related purpose; or
(c) between an information-sharing
entity and the Commissioner for
Children, or between a
Government Agency and the
Commissioner for Children.
16. Part 3: Heading amended
Part 3 of the Principal Act is amended by
omitting "AND CUSTODY OF SUSPECTED
OFFENDERS" from the heading to that Part
and substituting ", SEARCH, BAIL AND
CUSTODY OF YOUTH".
17. Section 24 amended (Limit on power to arrest)
Section 24(a) of the Principal Act is amended by
inserting "or the commission of another offence
that is a serious offence or that is sufficiently
serious to warrant arrest" after "offence".
18. Sections 24A, 24B and 24C inserted
After section 24 of the Principal Act, the
following sections are inserted in Part 3:
24A. Duties of police officer where youth arrested
(1) If a youth is arrested, a reference in the
Criminal Law (Detention and
Interrogation) Act 1995 to a friend is to
be taken, in relation to the youth, to
21
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Act No. of
s. 18 Part 2 - Youth Justice Act 1997 Amended
include a reference to a person who is a
responsible adult, within the meaning of
this Act, in respect of the youth.
(2) A police officer who arrests a youth
must, as soon as practicable -
(a) inform the youth of the youth's
right to refuse to answer
questions, or to participate in
investigations, except where
required to do so by or under an
Act of the State or of the
Commonwealth; and
(b) ensure that, if practicable, the
youth's guardian is notified of the
arrest.
(3) Subsection (2) does not derogate from
any other duties that a police officer who
arrests a youth has under any other law
of the State relating to investigation,
interrogation, arrest, bail, remand or
custody.
24B. Conditions of bail
A court or justice, or a police officer,
who intends to admit a youth to bail must
have regard to the principles set out in
section 5, so far as they may apply to the
circumstances of the youth, in deciding
whether to impose any conditions on the
bail and in determining the conditions
that are imposed on the bail.
22
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Act No. of
Part 2 - Youth Justice Act 1997 Amended s. 18
24C. Breach of condition of bail
(1) In this section -
relevant contravention, in relation to a
youth, means a contravention by
the youth, without reasonable
cause, of any condition of bail
that has effect after the release of
the youth from custody, other
than a contravention consisting of
a failure to appear before a justice
or a court, as required under
section 5 or 7 of the Bail Act
1994.
(2) If a relevant contravention by a youth
occurs -
(a) sections 5(4) and 9 of the Bail Act
1994 do not apply in relation to
the contravention; and
(b) a court (including the Court) may
take the contravention into
account in sentencing the youth
for the offence in relation to
which the bail to which the
contravention relates was granted.
(3) If a youth is arrested under section 5(5A)
of the Bail Act 1994 in respect of a
relevant contravention, a reference in
section 34A of the Justices Act 1959 to
an offence is, in its application to the
youth in respect of the arrest, to be taken
23
Youth Justice (Miscellaneous Amendments) Act 2012
Act No. of
s. 19 Part 2 - Youth Justice Act 1997 Amended
to include a reference to a relevant
contravention.
(4) If a youth is arrested under section 5(5A)
or 10 of the Bail Act 1994 in respect of a
relevant contravention, a reference in
section 4 of the Criminal Law (Detention
and Interrogation) Act 1995 to an
offence, in its application to the youth in
respect of the arrest, is to be taken to be a
reference to a relevant contravention.
19. Section 25A inserted
After section 25 of the Principal Act, the
following section is inserted in Part 3:
25A. Searches of youths
(1) In this section -
body cavity search means a search of
the rectum or vagina of a youth;
custodial premises means a prison,
detention centre, police station or
watch-house.
(2) This section applies only to a search of a
youth who is in custody in custodial
premises.
(3) Despite any other provision of this Act or
any other Act, if -
24
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Act No. of
Part 2 - Youth Justice Act 1997 Amended s. 20
(a) a search of a person is authorised
under section 131 or any other
Act; and
(b) this section applies to the search -
the search is only authorised if it is
carried out in accordance with the
requirements of the regulations.
(4) Nothing in this section or the regulations
is to be taken to authorise a person to
carry out a search if the search is not
authorised under section 131 or a
provision of another Act.
(5) Nothing in this section or the regulations
is to be taken to authorise the carrying
out of a body cavity search of a youth by
a person who may, under section 131 or a
provision of another Act, carry out a
search of the youth, unless such a search
is specifically authorised under the
provision of the other Act.
20. Section 31 amended (Restrictions on reporting
proceedings)
Section 31 of the Principal Act is amended by
inserting after subsection (4) the following
subsections:
(5) Subsection (1) does not apply to the
provision of information in relation to a
youth if the youth consents in writing to
the provision of the information for the
25
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Act No. of
s. 21 Part 2 - Youth Justice Act 1997 Amended
purpose of the rehabilitation of the youth
or a related purpose.
(6) Subsections (1) and (3) do not apply to
the provision of information in relation to
a youth -
(a) between an information-sharing
entity and a Government Agency
for the purpose of the
rehabilitation of the youth or a
related purpose; or
(b) between an information-sharing
entity and the Commissioner for
Children, or between a
Government Agency and the
Commissioner for Children.
21. Section 33AA inserted
After section 33 of the Principal Act, the
following section is inserted in Division 3:
33AA. Court may request oral presentence report
(1) The Court may order a youth justice
worker to provide to the Court a
presentence report orally during a
hearing of the Court, if the Court is of the
opinion that it is appropriate to do so.
(2) If a presentence report is provided orally
by a youth justice worker in accordance
with an order under subsection (1) -
26
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Act No. of
Part 2 - Youth Justice Act 1997 Amended s. 21
(a) the Court may ask the youth
justice worker questions; and
(b) sections 33, 34, 35 and 36 do not
apply in relation to the report.
(3) If a presentence report is provided orally
by a youth justice worker in accordance
with an order under subsection (1), the
youth, his or her legal representative or
the prosecutor -
(a) may dispute the whole or any part
of the presentence report during
the hearing; and
(b) may lead evidence on the
disputed matters and, if
necessary, the hearing is to be
adjourned to enable this to occur;
and
(c) may require a person whose
opinion is adverted to in the
report by the youth justice worker
to attend before the Court in the
manner indicated by the Court for
the purpose of giving more
information and, if necessary, the
hearing is to be adjourned to
enable this to occur; and
(d) may ask questions of the youth
justice worker or a person
required to attend under
paragraph (c); and
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s. 22 Part 2 - Youth Justice Act 1997 Amended
(e) must be given the opportunity to
cross-examine on the contents of
the report of the youth justice
worker.
22. Section 36A inserted
After section 36 of the Principal Act, the
following section is inserted in Division 3:
36A. Victim impact statements
(1) In this section -
immediate family, in respect of a
deceased victim, includes -
(a) the spouse or partner,
within the meaning of the
Relationships Act 2003, of
the deceased victim; and
(b) a parent, guardian or step-
parent of the deceased
victim; and
(c) a child or stepchild of the
deceased victim; and
(d) a brother, sister,
stepbrother or stepsister
of the deceased victim;
indictable offence means -
(a) an offence that is
punishable on indictment
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even though in some
instances it may be dealt
with summarily; or
(b) any other offence that is
prescribed for the
purposes of this
definition;
victim, in respect of an offence,
means -
(a) a person who has suffered
injury, loss or damage as
a direct consequence of
the offence; and
(b) a member of the
immediate family of a
deceased victim of the
offence.
(2) If the Court finds a youth guilty of an
indictable offence, a victim of that
offence may provide to the Court a
written statement that -
(a) gives particulars of any injury,
loss or damage suffered by the
victim as a direct consequence of
the offence; and
(b) describes the effects on the victim
of the commission of the offence.
(3) If the Court finds a youth guilty of an
indictable offence, the Court may, if it
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considers it appropriate to do so, allow a
person, other than the victim of that
offence, to provide to the Court, in the
place of a statement under subsection (2),
a written statement that -
(a) gives particulars of the injury,
loss or damage suffered by the
victim as a direct consequence of
the offence; and
(b) describes the effects on the victim
of the commission of the offence.
(4) A statement referred to in subsection (2)
or (3) must comply with, and be provided
in accordance with, applicable Rules of
Court or rules made under subsection (6).
(5) If the Court finds a youth guilty of an
indictable offence, the Court must
allow -
(a) the victim; or
(b) a person who has provided a
statement under subsection (3); or
(c) another person nominated by the
victim or a person referred to in
paragraph (b) -
to read the victim's statement to the
Court, if the victim or the person referred
to in paragraph (b) has asked to do so at
the time of providing the statement to the
Court.
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(6) For the purposes of this section -
(a) Rules of Court may be made
under section 12 of the Criminal
Code Act 1924; and
(b) rules of court may be made under
section 144 of the Justices Act
1959.
23. Section 38 amended (Convening of community
conference)
Section 38(2) of the Principal Act is amended by
inserting after paragraph (d) the following
paragraph:
(da) a youth justice worker;
24. Section 40A inserted
After section 40 of the Principal Act, the
following section is inserted in Division 4:
40A. Additional requirements for court-ordered
community conference
(1) If a community conference convened on
the order of the Court reaches a decision
that did not require the youth to enter
into an undertaking, the facilitator must
file with the district registrar a copy of
the decision.
(2) If a youth fulfils all undertakings entered
into at a community conference
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convened on the order of the Court, the
Secretary, as soon as practicable, must
file with the district registrar a certificate
stating that fact.
25. Section 41 amended (Dismissal of charge)
Section 41(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a)
"section 19(1)(a)" and substituting
"section 40A(1)";
(b) by omitting from paragraph (a) ", if the
decision did not require the youth to
enter into an undertaking";
(c) by omitting from paragraph (b)
"section 19(6)" and substituting
"section 40A(2)".
26. Section 45 amended (Confidentiality of community
conference)
Section 45 of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(3A) Subsection (1) does not apply to the
provision of information in relation to a
youth -
(a) if the youth consents in writing to
the provision of the information
for the purpose of the
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rehabilitation of the youth or a
related purpose; or
(b) between an information-sharing
entity and a Government Agency
for the purpose of the
rehabilitation of the youth or a
related purpose; or
(c) between an information-sharing
entity and the Commissioner for
Children, or between a
Government Agency and the
Commissioner for Children.
27. Section 47 amended (Sentences and other orders
that may be imposed)
Section 47 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (h) in subsection (1):
(ha) make an order it is permitted to
make in accordance with
section 161A;
(b) by omitting from subsection (1)(i)
"program order." and substituting
"program order;";
(c) by inserting the following paragraph after
paragraph (i) in subsection (1):
(j) adjourn the proceedings, grant
bail to the youth under the Bail
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Act 1994 and defer, in accordance
with Division 7A, sentencing the
youth until a date specified in the
order.
(d) by inserting the following subsections
after subsection (1):
(1A) Proceedings in relation to an
offence may not be adjourned
under subsection (1)(j) for a
period of more than 12 months
from the date of the finding of
guilt in respect of the offence.
(1B) Subsection (1)(j) does not limit
the power of the Court to adjourn
proceedings, grant bail in relation
to a period of adjournment or
defer sentencing a youth
otherwise than under
subsection (1)(j).
(e) by inserting the following subsection
after subsection (3):
(3A) In weighing up the matters to be
taken into account in determining
which orders to make under
subsections (1) and (2) in relation
to a youth, the Court must ensure
that the matter of the
rehabilitation of the youth is
given more weight than is given
to any other individual matter.
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(f) by omitting paragraph (c) from
subsection (4) and substituting the
following paragraph:
(c) the impact any orders made will
have on the youth's chances of
finding or retaining employment.
28. Section 49 amended (Recording conviction)
Section 49 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"paragraph (e), (f), (g), (h) or (i) of that
subsection" and substituting
"section 47(1)(e), (f), (g), (h), (ha) or
(i)";
(b) by omitting from subsection (2)
"section 47(1)(e), (f), (g) or (i)" and
substituting "section 47(1)(e), (f), (g),
(h), (ha) or (i)";
(c) by inserting the following subsection
after subsection (4):
(4A) In determining whether or not to
record a conviction, the Court
must ensure that the matter of the
rehabilitation of the youth is
given more weight than is given
to any other individual matter.
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29. Section 54A inserted
After section 54 of the Principal Act, the
following section is inserted in Division 7:
54A. Discharge of release and adjournment order
A youth is discharged from a release and
adjournment order in relation to an
offence when the period of adjournment
under the order expires, unless -
(a) the Court revokes the order; or
(b) after the youth is released, the
Court makes another order under
section 47 in relation to the
offence.
30. Section 56 amended (Contravention of release and
adjournment order)
Section 56 of the Principal Act is amended as
follows:
(a) by inserting the following subsections
after subsection (2):
(2A) If the Court is satisfied that the
youth is unlikely to appear at the
hearing of the application -
(a) subsection (2) does not
apply in relation to the
application; and
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(b) the Court may issue a
warrant to arrest the
youth.
(2B) If the youth is before the Court -
(a) an application to the
Court may be made orally
under subsection (1); and
(b) subsection (2) does not
apply in relation to the
application.
(b) by inserting the following subsection
after subsection (6):
(6A) Even though an application made
under subsection (1) in relation to
a release and adjournment order
is not heard or determined before
the order expires, the Court
may -
(a) hear and determine the
application; and
(b) if it is satisfied that the
youth has contravened the
release and adjournment
order or a special
condition to which the
release and adjournment
order is subject, make an
order under
subsection (4) -
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as if the release and adjournment
order were in force.
31. Part 4, Division 7A inserted
After section 56 of the Principal Act, the
following Division is inserted in Part 4:
Division 7A - Deferral of sentencing
56A. When sentence may be deferred under
section 47(1)(j)
(1) The Court may adjourn proceedings in
relation to a youth under section 47(1)(j)
so as to defer, in accordance with this
Division, sentencing the youth.
(2) The Court may defer, in accordance with
this Division, sentencing a youth -
(a) for the purpose of assessing the
youth's capacity, and prospects,
for rehabilitation; or
(b) for the purpose of allowing the
youth to demonstrate that
rehabilitation has taken place; or
(c) for the purpose of assessing the
youth's capacity, and prospects,
for participating in an
intervention plan; or
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(d) for the purpose of allowing the
youth to participate in an
intervention plan; or
(e) for any other purpose that the
Court thinks appropriate in the
circumstances.
(3) The Court may only defer, in accordance
with this Division, sentencing a youth for
an offence if -
(a) the youth is not serving a term of
detention or imprisonment for
another offence; and
(b) the Court is satisfied it may admit
the youth to bail; and
(c) the Court defers sentencing the
youth for all the offences for
which the Court may sentence the
youth, whether or not the
offences are punishable by
detention or imprisonment.
(4) For the purposes of this Division, an
intervention plan is a plan that specifies
the activities or programs that a youth is
to be expected to undertake while on bail
granted to the youth for the purposes of
section 47(1)(j).
(5) The sentencing of a youth may be
deferred in accordance with this Division
whether or not the Court considers that
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the seriousness of the offence justifies a
sentence of detention or imprisonment.
56B. Grant of bail and review
(1) Bail granted to a youth for the purposes
of section 47(1)(j) in relation to an
offence has effect for the period for
which the sentence in relation to the
offence is deferred, unless the bail is
revoked earlier.
(2) Without limiting the conditions that may
be imposed in accordance with section 7
of the Bail Act 1994 on the grant of bail
to a youth, the conditions on which bail
is granted to a youth for the purposes of
section 47(1)(j) -
(a) may include conditions requiring
the youth to comply with an
intervention plan referred to in
section 56A; and
(b) may include a condition that the
youth appear before the Court on
a date or dates, specified in the
conditions of bail, that are earlier
than the date to which the
sentencing has been deferred, so
as to enable the Court to consider
the extent to which the youth is
complying with any conditions of
the bail; and
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(c) may include any other conditions
that the Court considers
appropriate for a purpose referred
to in section 56A(2).
(3) If a youth to whom bail has been granted
for the purposes of section 47(1)(j)
appears before the Court, the Court may
amend the conditions of the bail by
varying, adding to or substituting any of
the conditions.
(4) In determining whether, under this
section, to amend a condition of bail, the
Court must consider -
(a) any report on the youth prepared
by the Secretary; and
(b) the extent to which, and the
manner in which, the youth has
complied with the conditions of
the bail granted to the youth in
respect of the offence.
56C. Amendment of date of order deferring
sentencing of youth
(1) The Court may amend an order made
under section 47(1)(j) in relation to a
youth by altering the date to which the
sentencing of the youth for the offence is
deferred.
(2) The date, referred to in subsection (1),
that is specified in an order under
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section 47(1)(j) in relation to a youth
may be altered under subsection (1) -
(a) to an earlier date than the date
specified in the order; or
(b) to a later date than the date
specified in the order.
(3) A later date to which an order may be
altered must not extend the period of the
order so that the total period of the order
continues for more than 12 months from
the date of the finding of guilt in respect
of which the order was made.
(4) In determining whether, under this
section, to amend the date of an order,
the Court must consider -
(a) any report on the youth prepared
by the Secretary; and
(b) the extent to which, and the
manner in which, the youth has
complied with the conditions of
the bail granted to the youth in
respect of the offence.
(5) The Court must not, under this section,
amend an order in relation to a youth
unless the youth is before the Court.
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56D. When order deferring sentence may be
revoked
(1) The Court may revoke an order made
under section 47(1)(j) in relation to a
youth in respect of an offence and
proceed to sentence the youth under
section 47 in respect of the offence only
if -
(a) the Court is of the opinion that
the purposes, specified in
section 56A(2), for which the
sentencing of the youth was
deferred are unlikely to be
fulfilled; or
(b) the youth requests the revocation
of the order.
(2) The Court must not, under this section,
revoke an order in relation to a youth
unless the youth is before the Court.
32. Section 65 amended (Probation order)
Section 65(4) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (e) "illegal
drugs" and substituting "controlled
substances";
(b) by inserting the following paragraph after
paragraph (e):
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(ea) the youth must, as directed by the
Secretary, submit to testing for
controlled substances or alcohol;
33. Section 68 amended (Contravention of probation
order)
Section 68 of the Principal Act is amended as
follows:
(a) by inserting the following subsections
after subsection (2):
(2A) If the Court is satisfied that the
youth is unlikely to appear at the
hearing of the application -
(a) subsection (2) does not
apply in relation to the
application; and
(b) the Court may issue a
warrant to arrest the
youth.
(2B) If the youth is before the Court -
(a) an application to the
Court may be made orally
under subsection (1); and
(b) subsection (2) does not
apply in relation to the
application.
(b) by inserting the following subsection
after subsection (5):
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(5A) Even though an application made
under subsection (1) in relation to
a probation order is not heard or
determined before the order
expires, the Court may -
(a) hear and determine the
application; and
(b) if it is satisfied that a
youth has contravened the
probation order or a
special condition to which
the probation order is
subject, make an order
under subsection (4) -
as if the order were in force.
34. Section 69 amended (Community service order)
Section 69 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(b)
"community service" and substituting
"community service activity";
(b) by omitting from subsection (1)(c)
"community service" and substituting "a
community service activity";
(c) by omitting from subsection (1)(e)
"attend educational, health, personal and
other programs" and substituting
"perform community service activities";
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(d) by omitting subsection (2) and
substituting the following subsections:
(2) A community service order is
subject to the special conditions
that are reasonable in the
circumstances and are specified
in the order.
(3) A special condition may apply
during the whole or any part of
the period for which the order is
to be in force.
(4) Without limiting the special
conditions that may be specified
in the order, special conditions
may include one or more of the
following conditions:
(a) the youth must attend
school;
(b) the youth must attend
educational, personal,
health and other programs
specified in the order;
(c) the youth must attend
educational, personal,
health, and other,
programs as directed by
the assigned youth justice
worker;
(d) the youth must abstain
from drinking alcohol;
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(e) the youth must abstain
from using controlled
substances;
(f) the youth must, as
directed by the Secretary,
submit to testing for
controlled substances or
alcohol;
(g) the youth must reside at a
specified address;
(h) the youth must not leave
his or her place of
residence between
specified hours on
specified days;
(i) the youth must undergo
medical, psychiatric,
psychological and drug
counselling and treatment
as specified in the order;
(j) the youth must undergo
medical, psychiatric,
psychological and drug
counselling and treatment
as directed by the
assigned youth justice
worker.
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35. Section 70 amended (Preconditions for making
community service order)
Section 70 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (c) "; and"
and substituting "and that there are
appropriate community service activities
available in which the youth could
participate.";
(b) by omitting paragraph (d).
36. Section 74 repealed
Section 74 of the Principal Act is repealed.
37. Section 76 amended (Review of community service
order, &c.)
Section 76 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (d) in subsection (4):
(da) amend the special conditions to
which the community service
order is subject;
(b) by inserting in subsection (7)(b)
"special" after "order and the".
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38. Section 77 amended (Contravention of community
service order)
Section 77 of the Principal Act is amended as
follows:
(a) by inserting the following subsections
after subsection (3):
(3A) If the Court is satisfied that the
youth is unlikely to appear at the
hearing of the application -
(a) subsection (3) does not
apply in relation to the
application; and
(b) the Court may issue a
warrant to arrest the
youth.
(3B) If the youth is before the Court -
(a) an application to the
Court may be made orally
under subsection (1); and
(b) subsection (3) does not
apply in relation to the
application.
(b) by inserting the following paragraph after
paragraph (c) in subsection (5):
(ca) amend the special conditions to
which the community service
order is subject;
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39. Section 90 amended (Suspended detention order)
Section 90 of the Principal Act is amended as
follows:
(a) by omitting subsection (3) and
substituting the following subsection:
(3) A suspended detention order is
subject to the following
conditions:
(a) during the period
specified in the order, the
youth must not commit
another offence which if
committed by an adult
could be punishable by
imprisonment;
(b) during the period of
suspension the youth must
report to the assigned
youth justice worker as
required by the youth
justice worker;
(c) during the period of
suspension the youth must
receive visits from the
assigned youth justice
worker as required by the
youth justice worker;
(d) the youth must notify the
assigned youth justice
worker of any change
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during the period of
suspension of residence,
employment or school, or
other educational or
training establishment,
before, or within 2
working days after, the
change;
(e) during the period of
suspension the youth must
obey the reasonable and
lawful instructions of the
assigned youth justice
worker;
(f) the youth must attend
educational, personal,
health and other programs
as directed by the
assigned youth justice
worker;
(g) the youth must, as
directed by the Secretary,
submit to testing for
controlled substances or
alcohol;
(h) the youth must undergo
medical, psychiatric,
psychological and drug
counselling and treatment
as directed by the
assigned youth justice
worker.
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(b) by omitting paragraphs (b) and (c) from
subsection (6);
(c) by omitting paragraphs (e) and (f) from
subsection (6);
(d) by omitting paragraph (i) from
subsection (6);
(e) by omitting from subsection (6)(k)
"illegal drugs" and substituting
"controlled substances";
(f) by omitting from subsection (6)(m)
"days;" and substituting "days.";
(g) by omitting paragraphs (n) and (o) from
subsection (6).
40. Section 93 amended (Review of suspended detention
order)
Section 93 of the Principal Act is amended by
inserting after subsection (5) the following
subsection:
(5A) Even though an application made under
subsection (1) in relation to a suspended
detention order is not heard or
determined before the order expires, the
Court may -
(a) hear and determine the
application; and
(b) if it is satisfied that a youth has
contravened the suspended
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detention order or a special
condition to which the suspended
detention order is subject, make
an order under subsection (4) -
as if the suspended detention order were
in force.
41. Section 94 amended (Contravention of suspended
detention order)
Section 94 of the Principal Act is amended by
inserting after subsection (2) the following
subsections:
(2A) If the Court is satisfied that the youth is
unlikely to appear at the hearing of the
application -
(a) subsection (2) does not apply in
relation to the application; and
(b) the Court may issue a warrant to
arrest the youth.
(2B) If the youth is before the Court -
(a) an application to the Court may
be made orally under
subsection (1); and
(b) subsection (2) does not apply in
relation to the application.
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42. Section 99A amended (Contravention of
rehabilitation program order)
Section 99A of the Principal Act is amended by
inserting after subsection (2) the following
subsections:
(2A) If the Court is satisfied that the youth is
unlikely to appear at the hearing of the
application -
(a) subsection (2) does not apply in
relation to the application; and
(b) the Court may issue a warrant to
arrest the youth.
(2B) If the youth is before the Court -
(a) an application to the Court may
be made orally under
subsection (1); and
(b) subsection (2) does not apply in
relation to the application.
43. Section 101A inserted
After section 101 of the Principal Act, the
following section is inserted in Division 15:
101A. Workers rehabilitation provisions apply to
youth performing community service
(1) A youth performing community service
is, for the purposes of the Workers
Rehabilitation and Compensation Act
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1988, taken to be a worker who is
employed by the Crown and who is being
paid at the greater of the following rates:
(a) a rate equal to the basic salary
within the meaning of that Act;
(b) the rate of the youth's normal
weekly earnings, if any, within
the meaning of section 69 of that
Act.
(2) For the purposes of this section, a youth
is performing community service if he or
she is -
(a) performing a required activity for
the purposes of -
(i) an undertaking entered
into by the youth under
section 10(2)(c) or
section 16(1)(e); or
(ii) a community service
order; or
(b) making a required journey.
(3) For subsection (2)(a), a youth is taken to
be performing a required activity for the
purposes of an undertaking or order
referred to in that paragraph if he or she
is -
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(a) reporting to his or her youth
justice worker for the purposes of
the undertaking or order; or
(b) performing community service in
accordance with the undertaking
or order; or
(c) doing something else at the
request or direction of, or with
the express or implied authority
of, the youth's youth justice
worker.
(4) For subsection (2)(b), a required journey
is a journey made for the purposes of, or
in connection with, a required activity.
(5) Despite subsection (4), a journey is not
taken to be a required journey for
subsection (2)(b) by reason only of the
fact that it is for the purpose of enabling
a youth to travel -
(a) from his or her place of residence
to the place at which he or she is
required to perform a required
activity; or
(b) from the place at which he or she
is required to perform a required
activity to his or her place of
residence.
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44. Section 105 amended (Adjournment to determine
mental health or disability of youth)
Section 105 of the Principal Act is amended as
follows:
(a) by inserting in subsection (8) "under
subsection (6)" after "Psychiatrist";
(b) by omitting from subsection (10) "of the
Chief Forensic Psychiatrist" and
substituting "provided by a person in
accordance with an order under
subsection (3)";
(c) by omitting from subsection (11) "the
Chief Forensic Psychiatrist" and
substituting "a person who prepares a
report in accordance with an order under
subsection (3)";
(d) by omitting from subsection (12) "the
report of the Chief Forensic Psychiatrist"
and substituting "a report provided in
accordance with an order under
subsection (3)";
(e) by omitting from subsection (13) "of the
Chief Forensic Psychiatrist" and
substituting "provided in accordance
with an order under subsection (3)";
(f) by omitting from subsection (13)(b) "the
Chief Forensic Psychiatrist or, if the
Chief Forensic Psychiatrist has delegated
his or her function of writing the report,".
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s. 45 Part 2 - Youth Justice Act 1997 Amended
45. Section 111 amended (Supervised release order
subject to conditions)
Section 111 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (1):
(1A) A supervised release order is also
subject to the conditions that
during the period of the order the
youth -
(a) must report to the
assigned youth justice
worker as required by the
youth justice worker; and
(b) must comply with any
reasonable direction given
by the youth justice
worker; and
(c) must not move to a
different residential
address without the
approval of the youth
justice worker.
(b) by omitting paragraph (a) from
subsection (3);
(c) by omitting paragraphs (c) and (d) from
subsection (3) and substituting the
following paragraph:
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Youth Justice (Miscellaneous Amendments) Act 2012
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Part 2 - Youth Justice Act 1997 Amended s. 46
(c) the youth must comply with any
regulations that regulate the
conduct of persons released under
supervised release orders.
46. Section 129 amended (Rights of detainee)
Section 129(1)(b) of the Principal Act is
amended by inserting ", including, in the case of
a detainee who is an Aboriginal person, persons
acting on behalf of the entity known as the
Aboriginal Legal Service" after "persons".
47. Section 161A inserted
After section 161 of the Principal Act, the
following section is inserted in Part 8:
161A. Court may impose certain sentences under
Sentencing Act 1997
(1) The Court, in sentencing for an offence a
youth who is 18 years old or more, may
exercise the powers of a court of petty
sessions under the Sentencing Act 1997
in addition to, or instead of, any other
power it may exercise under this Act.
(2) In determining the sentence to impose in
accordance with subsection (1) on a
youth for an offence, the Court must take
into account the age of the youth when
he or she committed the offence.
(3) The Court must specify in an order made
in accordance with subsection (1) that the
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Youth Justice (Miscellaneous Amendments) Act 2012
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s. 47 Part 2 - Youth Justice Act 1997 Amended
order is made in accordance with this
section.
(4) A failure to comply with subsection (3)
does not affect the validity of the order.
(5) If an order specifies that it is made in
accordance with this section, the
responsible Department in relation to the
Sentencing Act 1997 is to be responsible
for all or any matters relating to the
administration of the order.
(6) Proceedings in respect of the
contravention of an order made in
accordance with subsection (1), or the
conditions to which such an order is
subject, are to be brought in the Court.
(7) In proceedings referred to in
subsection (6), the Court may -
(a) exercise all the powers of a court
of petty sessions under the
Sentencing Act 1997 in relation to
a contravention of an order, or of
the conditions of an order, made
under that Act; or
(b) revoke the contravened order and
impose any sentence under this
Act that it could have made if it
had not made the contravened
order.
(8) This section applies despite section 103.
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Youth Justice (Miscellaneous Amendments) Act 2012
Act No. of
Part 2 - Youth Justice Act 1997 Amended s. 48
48. Section 165 amended (Delegation)
Section 165 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) The Commissioner of Police may
delegate his or her power under
section 6A(2).
49. Section 167A inserted
After section 167 of the Principal Act, the
following section is inserted in Part 9:
167A. Protection against prosecution in relation to
certain disclosures of information
(1) A person who discloses, on behalf of an
information-sharing entity or a
Government Agency, information to
another information-sharing entity or
Government Agency for the purpose of
the rehabilitation of a youth or a related
purpose -
(a) does not, by reason of that
disclosure, incur any criminal,
civil or administrative liability;
and
(b) is not, by reason of that
disclosure -
(i) taken to have breached
any rule of law or practice
that would otherwise
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s. 49 Part 2 - Youth Justice Act 1997 Amended
prohibit the person from
disclosing the
information; or
(ii) taken to have broken any
professional or other oath,
or breached any
professional or other
code, standard or
guideline of ethics or
etiquette that might
otherwise bar the person
from, or condemn the
person for, disclosing the
information; or
(iii) liable to condemnation or
disciplinary action by any
professional body or other
person.
(2) Subsection (1) has effect despite the
Personal Information Protection Act
2004 or any other law relating to the
confidentiality or privacy of information.
62
Youth Justice (Miscellaneous Amendments) Act 2012
Act No. of
Part 3 - Monetary Penalties Enforcement Act 2005 Amended s. 50
PART 3 - MONETARY PENALTIES ENFORCEMENT
ACT 2005 AMENDED
50. Principal Act
In this Part, the Monetary Penalties Enforcement
Act 2005* is referred to as the Principal Act.
51. Section 4 amended (Application of Act)
Section 4 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or
payment in accordance with an
undertaking to pay compensation under
section 16(1)(b) or (c) of the Youth
Justice Act 1997," after "penalty,";
(b) by inserting the following subsection
after subsection (2):
(3) Nothing in subsection (1)
derogates from the obligations
imposed on the Director under
section 19 of the Youth Justice
Act 1997 in relation to payments
of compensation.
*No. 57 of 2005
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Youth Justice (Miscellaneous Amendments) Act 2012
Act No. of
s. 52 Part 4 - Police Offences Act 1935 Amended
PART 4 - POLICE OFFENCES ACT 1935 AMENDED
52. Principal Act
In this Part, the Police Offences Act 1935* is
referred to as the Principal Act.
53. Section 37F amended (Disqualification from
driving)
Section 37F of the Principal Act is amended as
follows:
(a) by omitting from subsection (3) "expires
not earlier than 12 months" and
substituting "begins";
(b) by inserting the following subsections
after subsection (5):
(6) A court may, on the application
of a person who is disqualified
from driving under subsection (2)
for a period beginning before he
or she has obtained a driver's
licence, revoke the
disqualification.
(7) The court may, under
subsection (6), only revoke a
disqualification if it is of the
opinion that there is sufficient
evidence of the rehabilitation of
the applicant.
*No. 44 of 1935
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Youth Justice (Miscellaneous Amendments) Act 2012
Act No. of
Part 4 - Police Offences Act 1935 Amended s. 54
(8) Without limiting subsection (7), a
court may consider that there is
sufficient evidence of the
rehabilitation of the applicant if
the applicant has not committed
an offence during the period of
the disqualification.
54. Section 55 amended (Arrest)
Section 55(3A) of the Principal Act is amended
by omitting "section 24 of the Youth Justice Act
1997." and substituting "sections 24 and 24A of
the Youth Justice Act 1997.".
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Youth Justice (Miscellaneous Amendments) Act 2012
Act No. of
s. 55 Part 5 - Victims of Crime Compensation Act 1994 Amended
PART 5 - VICTIMS OF CRIME COMPENSATION ACT
1994 AMENDED
55. Principal Act
In this Part, the Victims of Crime Compensation
Act 1994* is referred to as the Principal Act.
56. Section 5 amended (Liability of convicted persons to
pay compensation levy)
Section 5(2) of the Principal Act is amended by
inserting "or is convicted by the Supreme Court
of an offence committed before the person
attained the age of 18 years" after "Division)".
*No. 89 of 1994
66
Youth Justice (Miscellaneous Amendments) Act 2012
Act No. of
Part 6 - Repeal of Act s. 57
PART 6 - REPEAL OF ACT
57. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which all its
provisions commence.
Government Printer, Tasmania 67