Young Offenders Amendment Bill 2000

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Young Offenders Act 1997 so as to restrict the offences relating to drugs for which young persons may be dealt with under that Act.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent.

Clause 3 is a formal provision giving effect to the amendments to the Young Offenders Act 1997 set out in Schedule 1.

Schedule 1 Amendments
Currently, the Young Offenders Act 1997 contains a diversionary scheme for dealing with young offenders consisting of warnings, cautions and conferencing. Offences to which this scheme applies include summary offences, and certain indictable offences, relating to drugs under the Drug Misuse and Trafficking Act 1985, if the quantity of drugs involved is a small quantity within the meaning of that Act. The proposed Act excludes such drug offences from the scheme established under the Principal Act except where the quantity of prohibited drugs or prohibited plants involved is not more than the relevant quantity (which is to be 20% of the quantity that is a small quantity within the meaning of the Drug Misuse and Trafficking Act 1985).
Schedule 1 [1] prevents the Principal Act from applying to summary drug offences under the Drug Misuse and Trafficking Act 1985, if the quantity of the drug involved is more than the relevant quantity.

Schedule 1 [2] prevents the Principal Act from applying to certain indictable drug offences under the Drug Misuse and Trafficking Act 1985, if the quantity of the drug involved is more than the relevant quantity.

Schedule 1 [3] defines a relevant quantity of prohibited drugs or prohibited plants and also defines prohibited drugs and prohibited plants. The relevant quantity is to be a quantity that is not more than 20% of the number of prohibited plants or the amount of a prohibited drug that constitutes a small quantity for the purposes of the Drug Misuse and Trafficking Act 1985.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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