New South Wales Consolidated Acts

CHILDREN (CRIMINAL PROCEEDINGS) ACT 1987 - SECT 48D

48D Meaning of “relevant offence”

(1) For the purposes of this Part (and except as provided by this section), a "relevant offence" is:

(a) a summary offence, or

(b) an indictable offence that may be dealt with summarily under Chapter 5 of the Criminal Procedure Act 1986 .

(2) Despite subsection (1), an offence is not a relevant offence for the purposes of this Part if:

(a) the offence is a traffic offence committed by a child who was, when the alleged offence occurred, old enough to obtain a learner licence under the Road Transport (Driver Licensing) Act 1998 to drive the motor vehicle to which the offence relates, or

(b) the offence results in the death of any person, or

(c) the offence is an offence under section 61E, 61L, 61M, 61N, 61O (1), (1A) or (2), 66C, 66D, 80, 81A or 81B of the Crimes Act 1900 , or

(d) the offence is an offence under the Crimes (Domestic and Personal Violence) Act 2007 , or

(e) the offence is an offence under Division 1 of Part 2 of the Drug Misuse and Trafficking Act 1985 other than an offence to which subsection (3) applies, or

(f) the offence is an offence under Division 2 of Part 2 of the Drug Misuse and Trafficking Act 1985 other than:

(i) an offence under section 23 (1) (a) or (c) of that Act to which subsection (4) applies, or

(ii) an offence under section 27 or 28 of that Act of aiding, abetting, counselling, procuring, soliciting or inciting the commission of an offence under section 23 (1) (a) or (c) of that Act to which subsection (4) applies, or

(g) the offence is prescribed by the regulations for the purposes of this section.

(3) An offence under Division 1 of Part 2 of the Drug Misuse and Trafficking Act 1985 is a relevant offence if in the opinion of the eligibility assessor:

(a) in relation to an offence relating to a prohibited drug other than cannabis leaf within the meaning of the Drug Misuse and Trafficking Act 1985 -the offence involves not more than the small quantity applicable to that drug under that Act, or

(b) in relation to an offence relating to cannabis leaf:

(i) the offence involves not more than half the small quantity of cannabis leaf within the meaning of the Drug Misuse and Trafficking Act 1985 , or

(ii) there are exceptional circumstances in that:

(A) the offence involves more than half, but not more than the total, small quantity of cannabis leaf within the meaning of that Act, and

(B) it would be in the interests of rehabilitation, and appropriate in all the circumstances, to deal with the matter under the scheme.

(4) An offence under section 23 (1) (a) or (c) of the Drug Misuse and Trafficking Act 1985 is a relevant offence if in the opinion of the eligibility assessor:

(a) the offence involves not more than half the small quantity applicable to the prohibited plant within the meaning of the Drug Misuse and Trafficking Act 1985 , or

(b) there are exceptional circumstances in that:

(i) the offence involves more than half, but not more than the total, small quantity applicable to the prohibited plant within the meaning of the Drug Misuse and Trafficking Act 1985 , and

(ii) it would be in the interests of rehabilitation, and appropriate in all the circumstances, to deal with the matter under the scheme.

(5) In this section, "eligibility assessor" means the body or person that is required, authorised or permitted to determine whether an offence is a relevant offence for the purposes of a provision of this Act or the regulations.