New South Wales Consolidated Acts

YOUNG OFFENDERS ACT 1997 - SECT 8

8 Offences covered by Act

(1) The offences covered by this Act are, except as provided by this Act:

(a) summary offences, and

(b) indictable offences that may be dealt with summarily under Chapter 5 of the Criminal Procedure Act 1986 or another prescribed law,

committed, or alleged to have been committed, by children.

(2) Despite subsection (1), an offence is not covered by this Act if:

(a) the principal person who investigates the offence is not an investigating official within the meaning of this Act, or

(b) 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

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

(d) 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

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

(e1) 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 (2A) 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 (3) 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) to which subsection (3) applies,

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

(2A) An offence under Division 1 of Part 2 of the Drug Misuse and Trafficking Act 1985 is covered by this Act if in the opinion of the investigating official or prosecuting authority:

(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 this Act.

(3) An offence under section 23 (1) (a) or (c) of the Drug Misuse and Trafficking Act 1985 is covered by this Act if in the opinion of the investigating official or prosecuting authority:

(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 this Act.