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Amendment (Maximum Hours) Bill
1996
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Clause 2 provides for the commencement of the proposed Act on a day to
be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the
Children (Community Service Orders) Act 1987 set out in Schedule 1 .
Schedule 1
Amendments
Section 13 (2) of the Children (Community Service Orders) Act 1987
provides that the maximum number of hours of community service work to
be performed by a person in respect of whom a children's community service
order has been made as an alternative to detention is not to exceed the
number prescribed by the regulations in respect of the offence (or class of
offences) in respect of which the order was made. The section currently
provides that, if the regulations do not prescribe such a number, the
maximum hours are not to exceed 100 hours.
Schedule 1 [l] repeals and re-enacts section 13 (2) so as to specify the
maximum number of hours concerned. The re-enacted subsection retains the
100 hour limit for persons under the age of 16 and for those of or above that
age whose offence is one for which the maximum sentence provided by law
does not exceed 6 months. It provides for 2 different levels for more serious
offences committed by persons of or above the age of 16: a maximum of 200
hours if the maximum sentence applicable to the offence concerned exceeds 6
months but does not exceed l year, and a maximum of 250 hours if the
maximum sentence applicable exceeds 1 year.
Schedule 1 [ l ] also inserts proposed subsection (2AA), which empowers the
regulations to reduce the maximum hours specified.
Schedule l [2] makes a consequential amendment.
Explanatory note page 2