New South Wales Consolidated Acts

CHILDREN (DETENTION CENTRES) ACT 1987 - SCHEDULE 1

SCHEDULE 1 – Savings and transitional provisions

Part 1 - Preliminary

1A Savings and transitional regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

Juvenile Offenders Legislation Amendment Act 2004

Children (Detention Centres) Amendment Act 2006

Children (Detention Centres) Amendment (Serious Young Offenders Review Panel) Act 2012

(2) Such a provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.

(3) To the extent to which such a provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of that publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of that publication.

Part 2 - Provisions consequent on enactment of Children (Detention Centres) Amendment Act 1988

1 Remand or transfer to prison

(1) The remand of a person to prison in force under section 9A of the Children (Criminal Proceedings) Act 1987 shall, on the repeal of that section, be taken to be a remand under section 28A of this Act.

(2) An order that a person be committed to prison in force under section 33A of the Children (Criminal Proceedings) Act 1987 shall, on the repeal of that section, be taken to be an order under section 28B of this Act.

(3) Section 28A applies to an application made under, but not determined before the repeal of, section 9A of the Children (Criminal Proceedings) Act 1987 .

(4) Section 28B applies to an application made under, but not determined before the repeal of, section 33A of the Children (Criminal Proceedings) Act 1987 .

2 Orders for leave

An order in force under section 23 immediately before the substitution of that section by the Children (Detention Centres) Amendment Act 1988 has effect in accordance with its terms as if that section had not been substituted.

Part 3 - Provisions consequent on enactment of Juvenile Offenders Legislation Amendment Act 2004

3 Definition

In this Part, "the 2004 amending Act" means the Juvenile Offenders Legislation Amendment Act 2004 .

4 Section 10 transfer orders

The substitution of section 10 by Schedule 2 [5] to the 2004 amending Act does not affect any transfer made under that section before the section was substituted.

5 Section 28 transfer orders

The substitution of section 28 by Schedule 2 [8] to the 2004 amending Act does not affect any transfer made under that section before the section was substituted.

6 Section 28BA applications

The amendment of section 28BA by Schedule 2 [12] to the 2004 amending Act does not affect any application made before that amendment, and proceedings on such an application may be continued and completed, and any decision on such an application has effect, as if that amendment had not been made.

Part 4 - Provisions consequent on enactment of Children (Detention Centres) Amendment Act 2006

7 Definition

In this Part, "the 2006 amending Act" means the Children (Detention Centres) Amendment Act 2006 .

8 Punishments for misbehaviour: section 21

Section 21, as in force immediately before the commencement of the amendments made to that section by the 2006 amending Act, continues to apply to misbehaviour that occurred before that commencement as if that Act had not been enacted.

9 Transfer of older detainees to juvenile correctional centres

Section 28, as amended by the 2006 amending Act, extends to persons who were detainees before that section was so amended.