Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 618

Transitional provision—Justice Legislation Further Amendment Act 2010 (CAYPINS)

    (1)     This Act as amended by Part 9 of the Justice Legislation Further Amendment Act 2010 applies to a summary offence alleged to have been committed—

        (a)     on or after 1 January 2010; and

        (b)     if a child has applied for internal review under Division 3 of Part 2 of the Infringements Act 2006 , on or after 1 January 2010 and the date of service of the advice of the outcome under section 24(3) of that Act is on or after 1 July 2010.

    (2)     Without limiting subsection (1), the repeal of section 40AA of the Infringements Act 2006 by the Justice Legislation Further Amendment Act 2010

        (a)         does not affect the registration or purported registration of an infringement penalty under Schedule 3 to this Act in accordance with a time period referred to in section 40AA in respect of an infringement notice which has been subject to an internal review under Division 3 of Part 2 of the Infringements Act 2006 that would have been validly registered if Schedule 3 to this Act, as amended by the Justice Legislation Further Amendment Act 2010 , had been in operation at the time the relevant infringement penalty was registered or purported to have been registered; and

        (b)     such an infringement penalty has, and is taken always to have had, the same force and effect as it would have had if clause 17(1)(ba) of Schedule 3 had then been in operation.

S. 619 inserted by No. 54/2011 s. 12.



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