Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Children and Young Persons (Miscellaneous
Amendments) Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Principal Act 3
PART 2--AMENDMENT OF THE CHILDREN AND YOUNG
PERSONS ACT 1989 4
4. Definitions 4
5. Delegation 4
6. Jurisdiction of Criminal Division 5
7. Court's powers under Magistrates' Court Act 6
8. Publication of proceedings 6
9. Reports to the Court 7
10. Interim accommodation order 8
11. New Division 7A inserted in Part 3 8
Division 7A--Case Stated 8
115A. Court may reserve question of law for determination
by Supreme Court 8
12. Period of remand in custody 9
13. Restitution or compensation not to be part of sentencing order 9
14. Undertakings 9
15. Breach of accountable undertaking 9
16. Good behaviour bond 10
17. Section 149 substituted 11
149. Time for application 11
18. Payment of fines 11
19. Default in payment of fine or instalment 11
20. Weekend detention 12
21. Reduction of order by payment 12
22. Probation order 12
23. New sections 159A and 159B inserted 13
159A. Concurrent probation orders 13
159B. Court may require Secretary to report 14
i
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Clause Page
24. Breach of probation order 14
25. New section 160A inserted 15
160A. Secretary's report 15
26. Application by Secretary etc. for warrant to arrest 16
27. Time for application for breach of probation order 17
28. Youth supervision order 17
29. New section 163A inserted 17
163A. Concurrent youth supervision orders 17
30. Reporting to Secretary under youth supervision order 18
31. New sections 164A and 164B inserted 18
164A. Suspension of youth supervision order 18
164B. Court may require Secretary to report 19
32. Breach of youth supervision order 20
33. Penalties for breach 20
34. Time for application for breach of youth supervision order 21
35. Youth attendance order 21
36. Repeal 22
37. Concurrent youth attendance orders 23
38. Breach of youth attendance order 23
39. Youth training centre orders 24
40. Deferral of sentencing 24
41. Orders in addition to sentence 24
42. New section 192 inserted 25
192. Enforcement of orders in addition to sentence 25
43. New section 196A inserted 26
196A. Proceedings for breach of sentencing order 26
44. New Division 7A inserted in Part 4 29
Division 7A--Case Stated 29
196B. Court may reserve question of law for determination
by Supreme Court 29
45. Appeals 29
46. Transfer of persons to prison 30
47. Separation of remandees 30
48. Legal custody and fingerprinting 30
49. Arrest of person in youth training centre 31
50. New Division 13 inserted in Part 4 31
Division 13--Children and Young Persons Infringement
Notice System 31
260A. CAYPINS procedure 31
260B. Certain agencies may give information for enforcement
purposes 32
51. Transfer of proceedings from Magistrates' Court to Children's
Court 33
52. Regulations 33
53. Practice notes 34
ii
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Clause Page
54. New Schedule 2A inserted 34
SCHEDULE 2A--Children and Young Persons Infringement
Notice System 34
55. Transitional provisions 49
PART 3--AMENDMENT OF OTHER ACTS 51
56. New section 89F inserted in Road Safety Act 1986 51
89F. Application and modification of Schedule 2A to
Children and Young Persons Act 1989 51
57. Amendment of the Road Safety Act 1986 51
58. Amendment of the Melbourne City Link Act 1995 53
59. Amendment of the Mitcham-Frankston Project Act 2004 54
60. Amendment of the Bail Act 1977 55
5A. Power to return defendant to youth training centre 55
61. Amendment of the Children and Young Persons (Age
Jurisdiction) Act 2004 56
62. Statute law revision 57
ENDNOTES 58
iii
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
PARLIAMENT OF VICTORIA
A BILL
to amend the Children and Young Persons Act 1989, the Children
and Young Persons (Age Jurisdiction) Act 2004, the Children and
Young Persons (Koori Court) Act 2004, the Bail Act 1977, the
Road Safety Act 1986, the Melbourne City Link Act 1995 and the
Mitcham-Frankston Project Act 2004 and for other purposes.
Children and Young Persons
(Miscellaneous Amendments) Act 2005
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to amend the Children and Young Persons
Act 1989--
5
1
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 1--Preliminary
s. 2
(i) to enable the Children's Court to deal
with unpaid infringement notices issued
to children;
(ii) to clarify the criminal jurisdiction of the
Children's Court and change the
5
operation of sentencing orders;
(iii) to make other miscellaneous
amendments to that Act; and
(b) to amend the Bail Act 1977 to provide for
the holding of certain persons in youth
10
training centres rather than prison; and
(c) to amend the Road Safety Act 1986 and
certain other Acts to provide for the
enforcement of infringement notices against
children; and
15
(d) to make consequential and minor
amendments to the Children and Young
Persons (Age Jurisdiction) Act 2004 and
the Children and Young Persons (Koori
Court) Act 2004.
20
2. Commencement
(1) This Part and section 61 come into operation on
the day after the day on which this Act receives
the Royal Assent.
(2) Section 8(2) comes into operation on the same day
25
as section 10 of the Children and Young
Persons (Koori Court) Act 2004.
(3) Section 57(2) comes into operation on the same
day as section 23(32) of the Road Safety (Drug
Driving) Act 2003.
30
(4) Section 62 is deemed to have come into operation
on 7 December 2004.
2
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 1--Preliminary
s. 3
(5) Subject to sub-section (6), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(6) If a provision referred to in sub-section (5) does
not come into operation before 1 July 2005, it
5
comes into operation on that day.
3. Principal Act
See:
In this Act, the Children and Young Persons Act Act No.
1989 is called the Principal Act. 56/1989.
Reprint No. 7
as at
1 March 2002
and
amending
Act Nos
69/1992,
11/2002,
35/2002,
83/2003,
36/2004,
72/2004,
89/2004 and
108/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
__________________
3
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 4
PART 2--AMENDMENT OF THE CHILDREN AND YOUNG
PERSONS ACT 1989
4. Definitions
In section 3(1) of the Principal Act--
(a) in paragraph (a) of the definition of "child",
5
for "at the time of being brought before the
Court" substitute "when a proceeding for
the offence is commenced in the Court";
(b) for the definition of "proceeding"
substitute--
10
' "proceeding" means any matter in the
Court, including a committal
proceeding, but does not include the
exercise by a registrar of any
jurisdiction, power or authority vested
15
in the registrar as registrar under
Schedule 2A;';
(c) insert the following definition--
' "progress report" means a report prepared
under section 160A, 164B, 179 or
20
185(5)(a);'.
5. Delegation
After section 7(1A) of the Principal Act insert--
"(1B) The Secretary may, by instrument, delegate
to an executive within the meaning of the
25
Public Administration Act 2004 who is
employed at the level of EO-2 or above the
power to approve under section 256C(3) a
period of isolation of more than 24 hours.".
4
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 6
6. Jurisdiction of Criminal Division
After section 16(4) of the Principal Act insert--
"(5) Despite sub-section (4), if before or during
the hearing of a charge for an offence it
appears to the Children's Court that the
5
defendant is of or above the age of 19 years
but was a child when the proceeding for the
offence was commenced in the Court, the
Court must hear and determine the charge
unless at any stage the Court considers that
10
exceptional circumstances exist, having
regard to--
(a) the age of the defendant;
(b) the nature and circumstances of the
alleged offence;
15
(c) the stage of the proceeding;
(d) whether the defendant is the subject of
another proceeding in any other court;
(e) any delay in the hearing of the charge
and the reason for the delay;
20
(f) whether the sentencing orders available
to the Court are appropriate;
(g) whether the defendant prefers the
charge to be heard in the Children's
Court or the Magistrates' Court;
25
(h) any other matter that the Court
considers relevant.
(6) If the Court considers that exceptional
circumstances exist under sub-section (5),
the Court must discontinue the proceeding
30
and order that it be transferred to the
Magistrates' Court and in the meantime it
may--
(a) permit the defendant to go at large; or
5
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 7
(b) grant the defendant bail conditioned for
the appearance of the defendant before
the Magistrates' Court at the time and
place at which the proceeding is to be
heard; or
5
(c) remand the defendant in prison or a
police gaol or in accordance with
section 49 of the Magistrates' Court
Act 1989 until the proceeding is heard
by the Magistrates' Court.".
10
7. Court's powers under Magistrates' Court Act
After section 24(2) of the Principal Act insert--
"(2A) Section 58 of the Magistrates' Court Act
1989 applies as if--
(a) a reference to a penalty enforcement
15
warrant were a reference to a warrant to
seize property issued in accordance
with an order under section 155(1)(c) or
a warrant to seize property to satisfy a
fine issued under Schedule 2A; and
20
(b) a reference to 5 years were a reference
to 3 years.".
8. Publication of proceedings
(1) In section 26(1)(a)(i) of the Principal Act, after
"Court" insert ", other than the Koori Court
25
(Criminal Division),".
(2) In section 26(1)(a)(i) of the Principal Act omit
", other than the Koori Court (Criminal
Division),".
(3) After section 26(2) of the Principal Act insert--
30
"(3) Without limiting the generality of sub-
section (1), the following particulars are
deemed to be particulars likely to lead to the
identification of a person--
6
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 9
(a) the name, title, pseudonym or alias of
the person;
(b) the address of any premises at which
the person resides or works, or the
locality in which those premises are
5
situated;
(c) the address of a school attended by the
person or the locality in which the
school is situated;
(d) the physical description or the style of
10
dress of the person;
(e) any employment or occupation engaged
in, profession practised or calling
pursued, by the person or any official or
honorary position held by the person;
15
(f) the relationship of the person to
identified relatives of the person or the
association of the person with identified
friends or identified business, official or
professional acquaintances of the
20
person;
(g) the recreational interests or the
political, philosophical or religious
beliefs or interests of the person;
(h) any real or personal property in which
25
the person has an interest or with which
the person is otherwise associated.".
9. Reports to the Court
In section 38 of the Principal Act--
(a) in paragraph (d), for "reports." substitute
30
"reports;";
(b) after paragraph (d) insert--
"(e) progress reports.".
7
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 10
10. Interim accommodation order
In section 73(1) of the Principal Act--
(a) in paragraph (k), for "Part." substitute
"Part; or";
(b) after paragraph (k) insert--
5
"(l) a question of law has been reserved
under section 115A for the opinion of
the Supreme Court.".
11. New Division 7A inserted in Part 3
After Division 7 of Part 3 of the Principal Act
10
insert--
"Division 7A--Case Stated
115A. Court may reserve question of law for
determination by Supreme Court
(1) If a question of law arises in a proceeding
15
before the Family Division, the Court, of its
own motion or on the application of any
person who is a party to the proceeding,
may, with the consent of the President,
reserve the question in the form of a special
20
case stated for the opinion of the Supreme
Court.
(2) If a question of law has been reserved for the
opinion of the Supreme Court under sub-
section (1), the Court cannot--
25
(a) finally determine the matter until the
opinion of the Supreme Court has been
given; or
(b) proceed in a manner or make a
determination that is inconsistent with
30
the opinion of the Supreme Court on
the question of law.".
8
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 12
12. Period of remand in custody
After section 129(4) of the Principal Act insert--
"(4A) When a child is brought before the Court on
the expiry of a period of remand in custody,
the Court must not remand the child in
5
custody for a further period longer than
21 days.".
13. Restitution or compensation not to be part of
sentencing order
After section 137(3) of the Principal Act insert--
10
"(3A) The Court may not make an order referred to
in sub-section (3) a special condition of
another sentencing order.".
14. Undertakings
(1) In section 140 of the Principal Act omit "but in no
15
case extending beyond the child's eighteenth
birthday".
(2) At the end of section 140 of the Principal Act
insert--
"(2) An undertaking may be given in relation to
20
one, or more than one, offence.".
15. Breach of accountable undertaking
(1) In section 143(1)(a) of the Principal Act, after "the
Court" insert "or another court".
(2) After section 143(2) of the Principal Act insert--
25
"(2A) A child alleged to have failed to comply with
an undertaking under section 142 must
appear or be brought before the Court
constituted by--
(a) the magistrate who made the order
30
under section 142, if he or she still
holds the office of magistrate; or
9
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 16
(b) any other magistrate if--
(i) the first-mentioned magistrate
does not still hold the office of
magistrate; or
(ii) the child consents.
5
(2B) If a child does not consent to the Court
constituted by any other magistrate dealing
with the breach, the proceeding must be
adjourned for hearing before the Court
constituted by the magistrate who made the
10
order under section 142, if he or she still
holds the office of magistrate.".
16. Good behaviour bond
(1) For section 144(2) of the Principal Act
substitute--
15
"(2) The period of an adjournment under this
section must be specified by the Court and
must not exceed--
(a) 12 months; or
(b) if the child is aged 15 years or more on
20
the day on which the proceeding is
adjourned and the circumstances are
exceptional, 18 months.".
(2) In section 144(3) of the Principal Act, for "a
nominal amount" substitute "an amount less than
25
one half of the maximum fine that may be
imposed on the child under section 150".
(3) After section 144(3) of the Principal Act insert--
"(3A) A bond may be entered into in relation to
one, or more than one, offence.".
30
10
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 17
17. Section 149 substituted
For section 149 of the Principal Act substitute--
"149. Time for application
If a breach of a bond is constituted by--
(a) any act the subject of a charge before a
5
court, a proceeding for the breach must
be commenced not later than 3 months
after a finding of guilt in respect of the
charge; or
(b) any other act, a proceeding for the
10
breach must be commenced not later
than 14 working days after the alleged
breach and before the expiry of the
period of the adjournment under
section 144.".
15
18. Payment of fines
In section 152(1) of the Principal Act insert the
following definition--
' "child" includes a person on whom the Court
has imposed a fine but who is of or above the
20
age of 19 years at the time of an application
under section 154;'.
19. Default in payment of fine or instalment
(1) Before section 155(1)(a) of the Principal Act
insert--
25
"(aa) determine that payment of the amount of the
fine that remains unpaid not be enforced; or".
(2) After section 155(1)(a) of the Principal Act
insert--
"(ab) order that the fine be varied as specified in
30
the order of the Court; or".
11
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 20
(3) For section 155(1)(d) of the Principal Act
substitute--
"(d) release the child on probation or a youth
supervision order for a period not exceeding
3 months but in no case extending beyond
5
the child's twenty-first birthday.".
(4) Section 155(1)(e) of the Principal Act is repealed.
20. Weekend detention
Sections 156, 156A, 157(1) and 267(1)(ba) of the
Principal Act are repealed.
10
21. Reduction of order by payment
(1) Insert the following heading to section 157 of the
Principal Act--
"Reduction of order by payment of portion of
fine".
15
(2) In section 157(2) of the Principal Act--
(a) for paragraph (a) substitute--
"(a) a child is released on probation under
section 155(1)(d) or a youth
supervision order has been made under
20
section 155(1)(d); and";
(b) after "total term of the" insert "period of
probation or the youth supervision".
22. Probation order
For section 158(1) of the Principal Act
25
substitute--
"(1) If the Court finds a child guilty of one or
more offences, whether indictable or
summary, the Court may, with or without
conviction, place the child on probation for a
30
specified term--
(a) not exceeding 12 months; or
12
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 23
(b) not exceeding 18 months if the offence
or one of the offences is punishable by
imprisonment for a term of more than
10 years--
and not extending beyond his or her twenty-
5
first birthday.".
23. New sections 159A and 159B inserted
After section 159 of the Principal Act insert--
"159A. Concurrent probation orders
(1) If a person is found guilty on the same day,
10
or in the same proceeding, of more than one
offence, the aggregate period of any
probation orders imposed in respect of the
offences must not exceed 18 months or
extend beyond the person's twenty-first
15
birthday.
(2) Despite anything to the contrary in any Act,
every probation order imposed on a person
by the Court shall, unless otherwise directed
by the Court at the time of making the
20
probation order, be, as from the date of its
commencement, served concurrently with
any uncompleted probation order or orders
imposed on that person, whether previously
to or at the time the relevant order was made.
25
(3) If the Court imposes a probation order on a
person who has not completed another
probation order, it may direct that the order
being imposed be served in part concurrently
with the other order or wholly cumulatively
30
on it.
13
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 24
159B. Court may require Secretary to report
(1) If a person has been placed on probation
under section 158 and at any time during the
period of probation the Court--
(a) finds the person guilty of an offence;
5
and
(b) is aware that a probation order is in
force in respect of the person--
the Court may require the Secretary to
provide the Court with a report on the extent
10
to and the manner in which the person has
complied with the probation order.
(2) In dealing with the offence referred to in
sub-section (1)(a), the Court--
(a) may take into account the report
15
referred to in that sub-section; and
(b) must not impose on the person a
penalty greater than the penalty which
the Court may impose for that
offence.".
20
24. Breach of probation order
(1) After section 160(2) of the Principal Act insert--
"(2A) A person alleged to have failed to observe
any condition, or amended condition, of a
probation order must appear or be brought
25
before the Court--
(a) constituted by the magistrate who
sentenced the person, if he or she still
holds the office of magistrate; or
14
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 25
(b) constituted by any other magistrate--
(i) if the first-mentioned magistrate
does not still hold the office of
magistrate; or
(ii) with the person's consent.
5
(2B) If a person does not consent to the Court
constituted by any other magistrate dealing
with the breach, the proceeding must be
adjourned for hearing before the Court
constituted by the magistrate who sentenced
10
the person, if he or she still holds the office
of magistrate.".
(2) In section 160(3)(f) of the Principal Act, for
"just." substitute "just; or".
(3) After section 160(3)(f) of the Principal Act
15
insert--
"(g) if the probation order has expired, impose
any sentencing order that the Court thinks
just.".
(4) In section 160(4)(a) of the Principal Act, after
20
"Secretary" insert "under section 160A".
(5) Sections 160(5) and 160(6) of the Principal Act
are repealed.
25. New section 160A inserted
After section 160 of the Principal Act insert--
25
"160A. Secretary's report
(1) If a person is brought or appears before the
Court under section 160, the Secretary must
prepare a report on the person including--
(a) the nature and circumstances of the
30
breach of the probation order; and
15
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 26
(b) the extent to which and the manner in
which the person has complied with the
probation order; and
(c) the recommendation of the Secretary
with respect to an appropriate
5
sentencing order for the person; and
(d) any other relevant matter.
(2) Any statement made in a report under sub-
section (1) must be relevant to--
(a) the breach of the probation order; and
10
(b) the sentencing order (if any)
recommended in the report.
(3) A report under sub-section (1) must be
provided, after the Court is satisfied that a
person has failed to observe a condition, or
15
amended condition, of the probation order
and before the Court makes an order under
section 160(3), to--
(a) the Court; and
(b) the person who is the subject of the
20
report; and
(c) the legal practitioners representing the
person; and
(d) any other person whom the Court has
ordered is to receive a copy of the
25
report.".
26. Application by Secretary etc. for warrant to arrest
Section 161 of the Principal Act is repealed.
16
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 27
27. Time for application for breach of probation order
In section 162(b) of the Principal Act omit "and
before the expiry of the probation order".
28. Youth supervision order
For section 163(1) of the Principal Act
5
substitute--
"(1) If the Court finds a child guilty of one or
more offences, whether indictable or
summary, the Court may, with or without
conviction, release the child on a youth
10
supervision order for a specified term--
(a) not exceeding 12 months; or
(b) not exceeding 18 months if the offence
or one of the offences is punishable by
imprisonment for a term of more than
15
10 years--
and not extending beyond his or her twenty-
first birthday.".
29. New section 163A inserted
After section 163 of the Principal Act insert--
20
"163A. Concurrent youth supervision orders
(1) If a person is found guilty on the same day,
or in the same proceeding, of more than one
offence, the aggregate period of any youth
supervision orders imposed in respect of the
25
offences must not exceed 18 months or
extend beyond the person's twenty-first
birthday.
(2) Despite anything to the contrary in any Act,
every youth supervision order imposed on a
30
person by the Court shall, unless otherwise
directed by the Court at the time of making
the youth supervision order, be, as from the
date of its commencement, served
17
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 30
concurrently with any uncompleted youth
supervision order or orders imposed on that
person, whether previously to or at the time
the relevant order was made.
(3) If the Court imposes a youth supervision
5
order on a person who has not completed
another youth supervision order, it may
direct that the order being imposed be served
in part concurrently with the other order or
wholly cumulatively on it.".
10
30. Reporting to Secretary under youth supervision
order
After section 164(4) of the Principal Act insert--
"(4A) A requirement by the Secretary under sub-
section (1)(b) that a person report to the
15
Secretary must specify dates and times
which, as far as practicable, avoid
interference--
(a) with the attendance of the person at his
or her place of employment, education,
20
training or religious observance; or
(b) with the person's religious beliefs.".
31. New sections 164A and 164B inserted
After section 164 of the Principal Act insert--
"164A. Suspension of youth supervision order
25
(1) If--
(a) at the time the Court makes a youth
supervision order, the person in respect
of whom the order is made is in custody
in a remand centre, youth residential
30
centre, youth training centre or prison;
or
18
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 31
(b) after the making of a youth supervision
order, the person in respect of whom
the order is made is taken into custody
in a remand centre, youth residential
centre, youth training centre or
5
prison--
the Secretary may by a notice in writing in
the prescribed form sent by registered post
to, or served personally on, the person
suspend the person's service of the youth
10
supervision order.
(2) The Secretary must, after consultation with
the appropriate parole board, superintendent
of a youth residential centre or youth training
centre or the Secretary to the Department of
15
Justice, determine a time at and date on
which a person shall commence or
re-commence service of the youth
supervision order and must by a notice in
writing sent by registered post to, or served
20
personally on, the person specify the time at
and date on which the person is first required
to report to the Secretary.
(3) With the consent of the appropriate parole
board, the Secretary may direct that the term
25
of operation of a youth supervision order be
served concurrently with a period of parole
but the service of the youth supervision order
must not be a condition of the parole.
164B. Court may require Secretary to report
30
(1) If a person has been released on a youth
supervision order and at any time during the
term of the order the Court--
(a) finds the person guilty of an offence;
and
35
19
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 32
(b) is aware that a youth supervision order
is in force in respect of the person--
the Court may require the Secretary to
provide the Court with a report on the extent
to and the manner in which the person has
5
complied with the youth supervision order.
(2) In dealing with the offence referred to in
paragraph (a) of sub-section (1), the Court--
(a) may take into account the report
referred to in that sub-section; and
10
(b) must not impose on the person a
penalty greater than the penalty which
the Court may impose for that
offence.".
32. Breach of youth supervision order
15
Sections 165(2) and 165(3) of the Principal Act
are repealed.
33. Penalties for breach
(1) In section 166(1) of the Principal Act--
(a) in paragraph (d), after "order" insert "but not
20
extending the term of the order";
(b) in paragraph (e), after "(e)" insert
"confirming the youth supervision order
and";
(c) in paragraph (f)--
25
(i) omit "other";
(ii) for "just." substitute "just; or";
(d) after paragraph (f) insert--
"(g) if the youth supervision order has
expired, imposing any sentencing order
30
that the Court thinks just.".
20
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 34
(2) Sections 166(2) and 166(3) of the Principal Act
are repealed.
34. Time for application for breach of youth supervision
order
In section 168(b) of the Principal Act omit "and
5
before the expiry of the youth supervision order".
35. Youth attendance order
(1) In section 169 of the Principal Act, the definitions
of "project" and "youth attendance project" are
repealed.
10
(2) In section 170(1) of the Principal Act--
(a) for "an offence" substitute "one or more
offences"; and
(b) for "nineteenth" substitute "twenty-first".
(3) In section 171 of the Principal Act--
15
(a) in paragraph (a), after "offence" insert "or
one of the offences"; and
(b) for paragraph (b) substitute--
"(b) it has made enquiries of the Secretary
and is satisfied that the child is a
20
suitable person to be placed on a youth
attendance order; and".
(4) In section 172(1) of the Principal Act--
(a) in paragraph (b), for "youth attendance
project" substitute "youth supervision unit";
25
and
(b) in paragraph (c) omit ", unless the person is
in custody at the time of the making of the
order,".
(5) In sections 177(2) and 177(5) of the Principal Act,
30
for "youth attendance project" substitute "youth
supervision unit".
21
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 36
(6) In section 178(2) of the Principal Act, for "Office
of Corrections" substitute "Secretary to the
Department of Justice".
(7) Insert the following heading to section 179 of the
Principal Act--
5
"Court may require Secretary to report".
(8) In section 181 of the Principal Act, for "youth
attendance project" substitute "youth attendance
order".
(9) In section 182 of the Principal Act, for "youth
10
attendance project" (wherever occurring)
substitute "youth supervision unit".
(10) In section 184(1) of the Principal Act, for "youth
attendance project" (wherever occurring)
substitute "youth supervision unit".
15
(11) In section 185(10) of the Principal Act, for "youth
attendance project" substitute "youth supervision
unit".
(12) In section 280(1) of the Principal Act--
(a) paragraphs (p) and (q) are repealed;
20
(b) in paragraph (s), for "youth attendance
project" substitute "youth supervision unit";
(c) in paragraph (t) omit "youth attendance
projects and";
(d) in paragraph (u), for "youth attendance
25
projects" substitute "youth attendance
orders".
36. Repeal
Section 180 of the Principal Act is repealed.
22
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 37
37. Concurrent youth attendance orders
In section 174(1)(a) of the Principal Act, for
"nineteenth" substitute "twenty-first".
38. Breach of youth attendance order
(1) In section 184(2) of the Principal Act--
5
(a) in paragraph (a), after "varying" insert "the
youth attendance order, but not extending the
term of the order,";
(b) in paragraph (b), after "order" (where first
occurring) insert "confirming the youth
10
attendance order and";
(c) in paragraph (c), after "(c)" insert "whether
or not the youth attendance order has
expired,".
(2) In section 184(3)(b) of the Principal Act omit
15
"and before the expiry of the youth attendance
order".
(3) After section 184(7) of the Principal Act insert--
"(8) A person alleged to have breached a youth
attendance order must appear or be brought
20
before the Court--
(a) constituted by the magistrate who
sentenced the person, if he or she still
holds the office of magistrate; or
(b) constituted by any other magistrate--
25
(i) if the first-mentioned magistrate
does not still hold the office of
magistrate; or
(ii) with the person's consent.
23
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 39
(9) If a person does not consent to the Court
constituted by any other magistrate dealing
with the breach, the proceeding must be
adjourned for hearing before the Court
constituted by the magistrate who sentenced
5
the person, if he or she still holds the office
of magistrate.".
(4) Sections 184(11), 184(12) and 184(13) of the
Principal Act are repealed.
39. Youth training centre orders
10
In section 188(1)(b) of the Principal Act, for "18"
substitute "21".
40. Deferral of sentencing
After section 190(2) of the Principal Act insert--
"(2A) The Court may, on application by the child,
15
re-list the adjourned case at short notice if
the Court considers it appropriate to do so.
(2B) Notice of an application under sub-section
(2A) setting out the grounds of the
application must be given to--
20
(a) the Court; and
(b) the informant; and
(c) if appropriate, the Secretary.".
41. Orders in addition to sentence
(1) In section 191 of the Principal Act, for "85H(1)
25
and 86(2)" substitute "85H(1), 86(2) and 87J(1)".
(2) At the end of section 191 of the Principal Act
insert--
"(2) The maximum amount that the Court may
order an offender to pay under Part 4 of the
30
Sentencing Act 1991 is $1000.".
24
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 42
42. New section 192 inserted
After section 191 of the Principal Act insert--
'192. Enforcement of orders in addition to
sentence
(1) In this section, "appropriate court" means
5
a court that has jurisdiction to enforce a debt
of an amount equivalent to the amount
required to be paid under an order made
under section 191.
(2) A person in whose favour an order is made
10
under section 191 may enforce the order,
during the period of 5 years following the
making of the order, by filing in the
appropriate court--
(a) a copy of the order certified by the
15
principal registrar to be a true copy; and
(b) that person's affidavit as to the amount
not paid under the order.
(3) Despite any requirement by or under any
other Act, no charge is to be made for filing
20
a copy of an order or an affidavit under this
section.
(4) On filing, the order must be taken to be an
order of the appropriate court and may be
enforced accordingly subject to the
25
following--
(a) no order may be made under section 19
of the Judgment Debt Recovery Act
1984; and
(b) no order of imprisonment may be made
30
under the Imprisonment of
Fraudulent Debtors Act 1958.'.
25
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 43
43. New section 196A inserted
After section 196 of the Principal Act insert--
'196A. Proceedings for breach of sentencing
order
(1) In this section, "breach of a sentencing
5
order" includes default in the payment of a
fine or of any instalment under an instalment
order.
(2) A proceeding for breach of a sentencing
order must be commenced in the Children's
10
Court--
(a) whether the sentencing order was made
by the Children's Court or by the
Supreme Court or the County Court, on
appeal or otherwise; and
15
(b) whether the person against whom the
proceeding is commenced is aged
19 years or more.
(3) If the proceeding for breach of a sentencing
order is against a child who is under the age
20
of 19 years when the proceeding for breach
is commenced, the Children's Court must
hear and determine the proceeding unless--
(a) the sentencing order was made by the
Supreme Court or the County Court and
25
the child does not consent to the
Children's Court hearing the proceeding
for breach; or
(b) the Court considers that in all the
circumstances of the case it is
30
appropriate to transfer the proceeding
to the court that made the sentencing
order.
26
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 43
(4) If the proceeding for breach of a sentencing
order is against a person who is aged
19 years or more when the proceeding for
breach is commenced, the Children's Court
must transfer the proceeding (other than a
5
proceeding for breach of an accountable
undertaking) to the Magistrates' Court or to
the court that made the sentencing order
unless the Children's Court considers that in
all the circumstances of the case it is
10
appropriate for the Children's Court to hear
and determine the proceeding, having regard
to the matters referred to in sub-section (5).
(5) For the purposes of sub-section (4), the
Court must have regard to--
15
(a) the age of the person;
(b) the nature and circumstances of the
alleged breach;
(c) the stage of the proceeding for breach;
(d) whether the person is the subject of
20
another proceeding in any other court;
(e) the availability of appropriate
sentencing orders in the other court if
the breach were proved;
(f) whether the person prefers to be dealt
25
with in the Children's Court or any
other court;
(g) any other matter that the Court
considers relevant.
(6) A proceeding must not be transferred on the
30
sole ground that the sentencing order was
made by another court.
27
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 43
(7) If the person does not consent to the
Children's Court hearing and determining the
proceeding or the Court considers that the
proceeding should be transferred, the Court
must discontinue the proceeding and order
5
that it be transferred to the Magistrates'
Court or to the court that made the
sentencing order, as the case may be, and in
the meantime may--
(a) permit the person to go at large; or
10
(b) grant the person bail conditioned for the
appearance of the person before the
Supreme Court, the County Court or
the Magistrates' Court, as the case may
be, at the time and place at which the
15
proceeding is to be heard; or
(c) remand the person in custody or in
accordance with section 49 of the
Magistrates' Court Act 1989 until the
proceeding is heard by the Supreme
20
Court, the County Court or the
Magistrates' Court, as the case may be.
(8) If a proceeding is transferred to the
Magistrates' Court under this section--
(a) the Magistrates' Court may sentence the
25
person as if the Magistrates' Court had
just been satisfied of the person's guilt
of the offence in respect of which the
sentencing order was made; and
(b) for that purpose, the Magistrates' Court
30
has jurisdiction, whether or not the
Magistrates' Court would otherwise
have had jurisdiction to deal with the
offence.
28
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 44
(9) This section applies despite section 200(8) of
this Act and section 86(2) of the
Magistrates' Court Act 1989 as applied by
sections 197(5) and 197(5A) of this Act.'.
44. New Division 7A inserted in Part 4
5
After Division 7 of Part 4 of the Principal Act
insert--
"Division 7A--Case Stated
196B. Court may reserve question of law for
determination by Supreme Court
10
(1) If a question of law arises in a proceeding
before the Criminal Division, the Court, of
its own motion or on the application of any
person who is a party to the proceeding,
may, with the consent of the President,
15
reserve the question in the form of a special
case stated for the opinion of the Supreme
Court.
(2) If a question of law has been reserved for the
opinion of the Supreme Court under sub-
20
section (1), the Court cannot--
(a) finally determine the matter until the
opinion of the Supreme Court has been
given; or
(b) proceed in a manner or make a
25
determination that is inconsistent with
the opinion of the Supreme Court on
the question of law.".
45. Appeals
In section 197(9) of the Principal Act, for "19"
30
substitute "21".
29
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 46
46. Transfer of persons to prison
(1) After section 240(2)(a) of the Principal Act
insert--
"(ab) it has had regard to the age and maturity of
the person; and".
5
(2) After section 244B(2) of the Principal Act
insert--
"(2A) A report from the Secretary under sub-
section (2)(d) must set out the steps that have
been taken to avoid the need to transfer the
10
person concerned to prison.".
47. Separation of remandees
In section 252(1)(c) of the Principal Act, for
"unless exceptional circumstances exist; and"
substitute--
15
"unless--
(i) the Secretary considers it appropriate not to
separate them, having regard to the best
interests, rights and entitlements of the
persons on remand; and
20
(ii) the persons on remand consent; and".
48. Legal custody and fingerprinting
For sections 253(2) and 253(3) of the Principal
Act substitute--
"(2) As soon as possible after a person is received
25
into a youth residential centre or youth
training centre to serve the whole or a part of
a sentence of detention, the officer in charge
of the centre may take photographs of the
person for the purpose of identifying the
30
person and compiling records of detainees.".
30
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 49
49. Arrest of person in youth training centre
In section 259(2) of the Principal Act--
(a) for "does not apply" substitute "and
section 5A of the Bail Act 1977 do not
apply";
5
(b) after "Magistrates' Court" (where secondly
occurring) insert ", County Court or
Supreme Court, as the case may be,".
50. New Division 13 inserted in Part 4
After Division 12 of Part 4 of the Principal Act
10
insert--
'Division 13--Children and Young Persons
Infringement Notice System
260A. CAYPINS procedure
(1) The procedure set out in Schedule 2A may
15
be used instead of commencing a proceeding
against a child for--
(a) an offence for which an infringement
notice or a penalty notice within the
meaning of Schedule 2A could be
20
issued; or
(b) a prescribed offence within the
meaning of that Schedule.
(2) If a child may be prosecuted for an offence
in respect of which an infringement notice
25
may be issued--
(a) a reference in an Act to enforcement
under Schedule 7 to the Magistrates'
Court Act 1989 includes a reference to
enforcement under Schedule 2A to the
30
Children and Young Persons Act
1989; and
31
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 50
(b) a reference to a courtesy letter served
under Schedule 7 to the Magistrates'
Court Act 1989 includes a reference to
a courtesy letter served under
Schedule 2A to the Children and
5
Young Persons Act 1989.
260B. Certain agencies may give information for
enforcement purposes
(1) In this section, "specified agency" means a
person or body--
10
(a) that holds information that may be of
use in the enforcement of court orders
and fines; and
(b) that is stated by regulations made for
the purposes of this section to be a
15
specified agency--
but does not include a person or body listed
in section 90A(1) of the Melbourne City
Link Act 1995.
(2) Words and expressions used in this section
20
have the same meanings as in section 124A
of the Magistrates' Court Act 1989 and
Schedule 2A to this Act.
(3) A registrar of the Court, the sheriff and any
contractor or sub-contractor supporting the
25
functions of the sheriff may, for the purpose
of the enforcement of court orders and fines,
request information that may assist in
carrying out that purpose from any person or
body.
30
32
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 51
(4) On the written request of a registrar of the
Court, the sheriff or any contractor or sub-
contractor supporting the functions of the
sheriff, a specified agency may give the
person or body making the request access to
5
any information held by the agency that may
be of use in the enforcement of court orders
and fines.
(5) A person who obtains access to any
information as a result of a request made
10
under this section--
(a) may use the information to enforce
court orders and fines; but
(b) is otherwise subject to all the
requirements and restrictions
15
concerning the use and disclosure of the
information that apply to the person
who provided, or granted access to, the
information in response to the request.'.
51. Transfer of proceedings from Magistrates' Court to
20
Children's Court
In section 275(1) of the Principal Act, after
"child" insert "or was a child when the
proceeding for the offence was commenced in the
Magistrates' Court".
25
52. Regulations
(1) After section 280(1)(y) of the Principal Act
insert--
"(ya) prescribing the fees, costs and charges
payable in respect of the exercise by a
30
registrar of any jurisdiction, power or
authority vested in the registrar as registrar
under Schedule 2A; and".
33
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 53
(2) After section 280(2)(b) of the Principal Act
insert--
"(ba) so as to confer a discretionary authority on a
specified court official or a specified class of
court official; and
5
(bb) so as to provide for the exemption of persons
or proceedings or a class of persons or
proceedings from any of the regulations
providing for the imposition of fees; and".
53. Practice notes
10
In section 280D(1) of the Principal Act, after
"Division" (where last occurring) insert "or in
relation to the exercise by a registrar of any
jurisdiction, power or authority vested in the
registrar as registrar under Schedule 2A".
15
54. New Schedule 2A inserted
After Schedule 2 to the Principal Act insert--
'SCHEDULE 2A
Section 260A
20 CHILDREN AND YOUNG PERSONS INFRINGEMENT NOTICE
SYSTEM
PART 1--INTRODUCTORY
1. Application of Schedule
(1) The procedures set out in this Schedule may be used for the
25 enforcement of infringement penalties and penalties
imposed by penalty notices.
(2) If the procedures set out in this Schedule are used, they
apply without prejudice to the application of so much of any
other procedure as is consistent with this Schedule.
30 (3) The procedures set out in Part 2 may be used in relation to
any infringement notice, whenever issued.
34
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 54
(4) The procedures set out in Part 3 apply to penalty notices and
prescribed offences despite anything to the contrary in a
Code.
2. Definitions
5 In this Schedule--
"appropriate officer", in relation to an infringement notice
or penalty notice or an infringement penalty, means--
(a) a person who is the enforcement agency; or
(b) a person appointed by the enforcement agency
10 as an appropriate officer for the purposes of the
notice or the class of notice; or
(c) a prescribed person or a person who is a
member of a prescribed class of person;
"certificate" means a certificate under clause 5(1)(b);
15 "Code" means a Code within the meaning of section 32 of
the Interpretation of Legislation Act 1984;
"continuing offence provision" means a prescribed
provision of an Act or a Code;
"courtesy letter" means a notice served under clause 3(1);
20 "enforcement agency", in relation to an infringement
notice or penalty notice or an infringement penalty,
means--
(a) a person or body authorised by or under an Act
to take proceedings for the offence in respect of
25 which the notice was issued; or
(b) a person by whom, or body by which, a person
or body referred to in paragraph (a) is employed
or engaged to provide services if the taking of
the proceedings referred to in that paragraph
30 would occur in the course of that employment
or in the course of providing those services; or
(c) a prescribed person or body or a person who, or
body that, is a member of a prescribed class of
person or body; or
35 (d) a prescribed administrative unit; or
(e) a prescribed group of people;
"enforcement order" means an order under clause 7(3)(e),
8(2)(c), 8(2)(d), 8(2)(e) or 9(5);
35
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 54
"fine" includes any costs that may be required to be paid
under this Schedule by the child on whom the
infringement notice was served;
"infringement notice" means an infringement notice under
5 a prescribed provision of--
(a) any Act or statutory rule; or
(b) any local law made under the Local
Government Act 1989; or
(c) any Commonwealth Act or subordinate
10 instrument that applies as a law of Victoria;
"infringement penalty" means the amount specified in an
infringement notice as payable in respect of the
offence for which the infringement notice was issued;
"penalty notice" means a penalty notice under a prescribed
15 provision of an Act or a Code;
"prescribed offence" means an offence within the meaning
of, or prescribed under, a prescribed provision of an
Act or a Code;
"registrar" means principal registrar, registrar or deputy
20 registrar;
"statutory rule" has the same meaning as in the
Subordinate Legislation Act 1994.
PART 2--INFRINGEMENT NOTICES
3. Courtesy letters
25 (1) If it appears to an appropriate officer that an infringement
penalty has not been paid before the end of the time
specified in the infringement notice, the officer may serve a
notice (a "courtesy letter") on the child on whom the
infringement notice was served.
30 (2) A courtesy letter must state--
(a) that the child on whom it is served has a further
28 days in which to pay the infringement penalty
together with any prescribed costs; and
(b) that in default of payment, the child may be dealt with
35 under this Part; and
(c) that the child may obtain further information from a
person or agency specified in the letter.
36
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 54
(3) If--
(a) the enforcement agency is prepared to accept payment
of the infringement penalty and costs by instalments;
and
5 (b) the payment of the infringement penalty would result
in the loss of demerit points under the Road Safety
Act 1986--
the courtesy letter must also contain a warning that entering
into an arrangement to pay the infringement penalty and
10 costs by instalments will result in the loss of demerit points
under that Act.
(4) A courtesy letter may contain any other information that is
prescribed for the purposes of this sub-clause.
(5) If a child is served with a courtesy letter in relation to an
15 infringement notice, the time for payment of the
infringement penalty is extended until the end of 28 days
after service of the courtesy letter.
(6) The infringement penalty together with the prescribed costs
may be paid within the extended period as if the
20 infringement notice or law under which the notice was
served also required the payment of those costs.
(7) A child who has been served with a courtesy letter may
decline to be dealt with under this Part by serving a written
statement to that effect on the officer or person specified for
25 that purpose in the letter within 28 days after service of the
letter.
4. Agreeing to pay by instalments has same effect as a full
payment
(1) This clause applies in respect of an offence that would result
30 in a child losing demerit points under the Road Safety Act
1986 if the child were convicted of the offence.
(2) For the purposes of the Road Safety Act 1986, the child is
to be taken as paying the infringement penalty in respect of
the offence on entering into an arrangement to pay the
35 infringement penalty and costs by instalments.
37
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 54
5. Registration of infringement penalties
(1) An enforcement agency may seek to have an infringement
penalty registered by providing to a registrar--
(a) a document in the form required by the regulations
5 containing the details required by the regulations in
relation to a child--
(i) who has not paid an infringement penalty; or
(ii) who has entered into an arrangement to pay an
infringement penalty by instalments but who
10 has subsequently failed to comply with the
arrangement; and
(b) a certificate in the prescribed form signed by an
appropriate officer and certifying that in respect of the
child referred to in the document the requirements set
15 out in sub-clause (2), and any other prescribed
requirements, have been satisfied.
(2) A certificate under sub-clause (1)(b) must certify that--
(a) an infringement notice has been served on the child;
and
20 (b) a courtesy letter has been served on the child after the
end of the time specified in the infringement notice as
the time within which the infringement penalty may
be paid; and
(c) a period of at least 28 days has passed since the
25 courtesy letter was served; and
(d) the infringement penalty and any prescribed costs had
not been paid before the certificate was issued; and
(e) if the child entered into an arrangement to pay the
infringement penalty and any prescribed costs by
30 instalments--
(i) the child has failed to comply with the
arrangement; and
(ii) a specified amount still remains to be paid
under the arrangement; and
35 (f) the child has not, under clause 3(7), declined to be
dealt with under this Part; and
(g) a charge in relation to the offence has not been filed;
and
38
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 54
(h) a charge may still be filed in relation to the offence,
having regard to the time when the offence is alleged
to have been committed; and
(i) if the infringement notice was served under section 87
5 of the Road Safety Act 1986, the child was at the
time of the alleged offence--
(i) the owner of the vehicle within the meaning of
Part 7 of that Act; or
(ii) the person in charge of the vehicle as shown in
10 a statement or declaration supplied in
accordance with section 86(3)(a), (aab) or (ab)
of that Act; and
(j) if the infringement notice was issued in respect of an
offence to which section 66 of the Road Safety Act
15 1986 applies, the child was at the time of the alleged
offence--
(i) the owner of the motor vehicle within the
meaning of section 66 of that Act; or
(ii) the driver of the motor vehicle as shown in a
20 statement or declaration supplied in accordance
with section 66(3)(a), (aab) or (ab) of that Act;
and
(k) if the infringement notice was issued in respect of an
offence against section 73(1) of the Melbourne City
25 Link Act 1995, the child was at the time of the
alleged offence--
(i) the owner of the vehicle within the meaning of
Part 4 of that Act; or
(ii) the driver of the vehicle as shown in a
30 statement or declaration supplied in accordance
with section 87(3)(a), (aab) or (ab) of that Act;
and
(l) if the infringement notice was issued in respect of an
offence under section 204 of the Mitcham-Frankston
35 Project Act 2004, the child was at the time of the trip
to which the alleged offence relates--
(i) the owner of the vehicle within the meaning of
that Act; or
(ii) the driver of the vehicle as shown in a
40 statement supplied under section 199 or 219 of
that Act.
39
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 54
(3) If it appears to the registrar from the certificate provided
under sub-clause (1)(b) that the requirements listed in sub-
clause (2) and any other prescribed requirements have been
satisfied in relation to a child referred to in the document
5 provided with the certificate, the registrar may register the
infringement penalty or the part of the infringement penalty
together with any prescribed costs for the purpose of
enforcement under this Part.
(4) Despite sub-clause (3), the registrar must not register an
10 infringement penalty that is for an amount less than the
amount, if any, specified by the regulations for the purposes
of this sub-clause.
Note: See section 150 for maximum fines that may be
imposed by the Court.
15 (5) The enforcement agency may, by notice in the prescribed
form filed with the registrar at any time before an
infringement penalty or a part of an infringement penalty is
registered under sub-clause (3) in relation to a child, request
the registrar not to register the infringement penalty or part.
20 (6) A registrar must comply with a request made in accordance
with sub-clause (5).
6. Child's options
(1) On registering an infringement penalty or a part of an
infringement penalty together with any prescribed costs, the
25 registrar must cause to be sent by post to the child to whom
the infringement penalty was issued at the address contained
in the document provided under clause 5(1)(a) or any other
address given by that child a notice in writing setting out the
matters referred to in sub-clauses (2), (3) and (4).
30 (2) A child may--
(a) pay to the Court the amount of the infringement
penalty or part and any prescribed costs on or before
the date specified in the notice; or
(b) make an application referred to in clause 7; or
35 (c) appear before the registrar on the date specified in the
notice; or
(d) request that consideration of the matter be deferred to
another date so that the child may appear before the
registrar; or
40
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 54
(e) decline to be dealt with by the registrar and request
that the matter of the alleged offence in respect of
which the infringement notice was issued be heard
and determined by the Court; or
5 (f) do nothing and leave the matter of the infringement
notice to be dealt with by the registrar on the date
specified in the notice.
(3) In addition to sub-clause (2), a child may provide to the
registrar information in writing by or on behalf of the child
10 in relation to--
(a) the child's employment or school attendance;
(b) the child's personal and financial circumstances.
(4) If a child wishes to exercise the option referred to in sub-
clause (2)(e)--
15 (a) the child must notify the registrar on or before the
date specified in the notice under sub-clause (1); and
(b) on receipt of the child's notification, the registrar must
cancel the registration of the infringement penalty and
remit the infringement notice to the enforcement
20 agency.
(5) Nothing in this Part prohibits an enforcement agency from
filing a charge with the Court in respect of an infringement
notice that has been remitted to it under sub-clause (4)(b).
7. Applications concerning payment of fine
25 (1) A child against whom an infringement penalty or part of an
infringement penalty has been registered may apply to the
registrar personally or in writing or in any other manner
approved by the registrar for one or more of the following--
(a) an order that the time within which the fine is to be
30 paid be extended; or
(b) an order that the fine be paid by instalments; or
(c) an order for the variation of an instalment order; or
(d) an order that payment of the fine not be enforced.
(2) An application under sub-clause (1)(d) must be made in the
35 prescribed form.
41
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 54
(3) On receipt of an application under sub-clause (1), the
registrar may do one or more of the following--
(a) allow additional time for the payment of the fine or
the balance of the fine;
5 (b) direct payment of the fine to be made by instalments;
(c) direct payment of the fine or instalments to be made at
the time or times specified by the registrar;
(d) vary the amount of instalments;
(e) order that the fine not be enforced.
10 (4) If the registrar orders that a fine not be enforced, the
registrar must give notice of the order and a copy of the
application for the order to the enforcement agency within
3 working days after the making of the order.
8. Enforcement order
15 (1) If--
(a) the child against whom an infringement penalty or
part of an infringement penalty has been registered
has not paid the infringement penalty and does not
decline to be dealt with by the registrar; and
20 (b) an order under clause 7 has not been made--
the registrar must consider the matter on the date specified
in the notice under clause 6.
(2) After hearing the child, if the child appears before the
registrar, and after considering any information provided to
25 the registrar under clause 6(3), the registrar may--
(a) if the child contests the matter of the alleged offence
in respect of which the infringement notice was issued
or declines to be dealt with by the registrar, cancel the
registration of the infringement penalty and remit the
30 infringement notice to the enforcement agency; or
(b) defer making a decision to a later date on which the
child is to appear before the registrar; or
(c) make an order confirming the infringement penalty
and order that the child pay to the Court the amount of
35 the infringement penalty or part and any prescribed
costs; or
42
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 54
(d) make an order reducing the infringement penalty and
order that the child pay to the Court the amount of the
infringement penalty or part as so reduced and any
prescribed costs; or
5 (e) if the registrar is satisfied that it is appropriate to do
so, order that payment of the amount of the
infringement penalty and any costs that remain unpaid
not be enforced.
(3) In exercising his or her discretion under sub-clause (2), the
10 registrar must have regard to the age and personal and
financial circumstances of the child.
(4) An order made under sub-section (2) must not require
payment of an amount exceeding the amount of a fine that
the Court may impose under section 150.
15 (5) An enforcement order is deemed to be an order of the
Court--
(a) in the case of an order made under sub-clause (2)(c)
or (2)(d), on the expiry of 28 days after the making of
the order unless an application is made under clause 9
20 within that period;
(b) in the case of an order under sub-clause (2)(e) or
clause 7(3)(e), on the expiry of 14 days after the
making of the order unless an application is made
under clause 9 within that period.
25 (6) Not later than 3 working days after the making of an
enforcement order, the registrar must cause a notice in the
prescribed form to be sent by post to the child against whom
the order is made at the address contained in the document
provided under clause 5(1)(a) or any other address given by
30 the child.
(7) If the registrar orders that payment of the amount of the
infringement penalty and any costs that remain unpaid not
be enforced, the registrar must give notice of the order and
a copy of any information provided by the child under
35 clause 6(3) to the enforcement agency not later than
3 working days after the making of the order.
(8) A child against whom an enforcement order is made may
apply for an order under clause 7.
43
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 54
9. Court review of enforcement order
(1) If the registrar makes an order under clause 8(2)(c) or
8(2)(d), the child may, by notice in writing to the Court
within 28 days after the registrar's decision, apply to the
5 Court for a review of the registrar's order.
(2) If the registrar makes an order under clause 7(3)(e) or
8(2)(e), the enforcement agency may, by notice in writing to
the Court within 14 days after the date of the order, apply to
the Court for a review of the registrar's order.
10 (3) On receipt of a notice under sub-clause (1) or (2), the
registrar must cause notice of the time and place of hearing
of the review to be given or sent to the child and the
enforcement agency.
(4) On a review under this clause, the child and the enforcement
15 agency are entitled to appear.
(5) On a review under this clause, the Court may make an
order--
(a) confirming the registrar's order; or
(b) requiring the child to pay an amount not exceeding
20 the amount that the Court may impose under
section 150; or
(c) that payment of the amount of the infringement
penalty and any costs that remain unpaid not be
enforced.
25 10. Enforcement hearing
(1) If--
(a) an order is made under clause 7, 8(2)(c), 8(2)(d)
or 9(5) in respect of a child; and
(b) for a period of more than 1 month the child defaults in
30 the payment of an amount ordered to be paid or of any
instalment under an instalment order--
the Court may, by notice in writing served on the child,
require the child to appear before the Court at a specified
time and place for an enforcement hearing.
35 (2) On an enforcement hearing, the Court may make any order
that it could make under section 155.
44
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 54
11. Effect of enforcement order
(1) If an enforcement order is made in relation to an offence
alleged to have been committed by a child--
(a) the child is not thereby to be taken to have been
5 convicted of the offence; and
(b) the child is not liable to any further proceedings for
the alleged offence; and
(c) the making of the order does not in any way affect or
prejudice any civil claim, action or proceeding arising
10 out of the same occurrence; and
(d) payment in accordance with the order is not an
admission of liability for the purpose of, and does not
in any way affect or prejudice, any civil claim, action
or proceeding arising out of the same occurrence.
15 (2) Any amount recovered as a result of the making of an
enforcement order is to be dealt with in the same way as an
amount recovered as a result of a conviction.
(3) Despite anything to the contrary in this clause, the making
of an enforcement order in relation to an offence which is a
20 traffic infringement within the meaning of the Road Safety
Act 1986 does not prevent the incurring of demerit points
under section 25 of that Act in relation to that infringement.
(4) Despite anything to the contrary in this clause, the making
of an enforcement order--
25 (a) may be recorded for the purposes of a heavy vehicle
registration suspension scheme within the meaning of
section 89(7) of the Road Safety Act 1986; and
(b) does not prevent the suspension of the registration of
a vehicle under that scheme.
30 12. Expiry of enforcement order
(1) An enforcement order expires--
(a) if an order is made under clause 7(3)(a), (b), (c) or (d)
in relation to the enforcement order--
(i) on the payment in full of the fine; or
35 (ii) if one or more payments are made under the
order but the fine is not paid in full, 3 years
after the receipt of the last payment; or
(iii) in any other case, 3 years after the making of
the order under clause 7(3);
45
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 54
(b) if a warrant to seize property has been issued in
respect of the order, on that warrant becoming void
under section 58(2) of the Magistrates' Court Act
1989 as applied by section 24(2A);
5 (c) if an order is made directing that an infringement
penalty and any costs that remain unpaid not be
enforced or an order is made under clause 7(3)(e), on
the making of that order;
(d) in any other case, 3 years after the order was made.
10 (2) If both sub-clauses (1)(a) and (1)(b) apply, the enforcement
order expires on the warrant to seize property becoming
void.
(3) If an enforcement order expires as a result of this clause, any
amount still outstanding in respect of the fine for which it
15 was made ceases to be enforceable or recoverable.
(4) On the expiry of an enforcement order, any warrant to seize
property that was issued in respect of that order is void.
(5) An enforcement order that has expired may be reinstated by
the registrar on the application of the enforcement agency.
20 (6) Despite sub-clause (3), if an enforcement order is reinstated,
the fine in respect of which it was made again becomes
enforceable or recoverable as if there had been no cessation.
(7) Sub-clause (1) does not apply to a reinstated enforcement
order.
25 (8) A reinstated enforcement order expires 3 years after it was
reinstated.
(9) This clause does not apply to an enforcement order in
respect of which a warrant has been issued under the Service
and Execution of Process Act 1992 of the Commonwealth.
30 13. Service of documents
(1) All documents required or permitted by this Part to be given
or served, may be served personally or by post or in any
other prescribed manner.
(2) If a courtesy letter is served by post it must be addressed--
35 (a) to the last known place of residence or business of the
child alleged to have committed the offence; or
46
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 54
(b) if the infringement notice was served under section 87
of the Road Safety Act 1986--
(i) to the last address of the owner of the vehicle
within the meaning of Part 7 of that Act; or
5 (ii) if a statement or declaration has been supplied
under section 86(3)(a), (aab) or (ab) of that Act,
to the last address of the person alleged in that
statement or declaration to have been in charge
of the vehicle; or
10 (c) if the infringement notice was issued in respect of an
offence to which section 66 of the Road Safety Act
1986 applies--
(i) to the last address of the owner of the motor
vehicle within the meaning of section 66 of that
15 Act; or
(ii) if a statement or declaration has been supplied
under section 66(3)(a), (aab) or (ab) of that Act,
to the last address of the person alleged in that
statement or declaration to have been the driver
20 of the motor vehicle; or
(d) if the infringement notice was issued in respect of an
offence against section 73(1) of the Melbourne City
Link Act 1995--
(i) to the last address of the owner of the vehicle
25 within the meaning of Part 4 of that Act; or
(ii) if a statement or declaration has been supplied
under section 87(3)(a), (aab) or (ab) of that Act,
to the last address of the person alleged in that
statement or declaration to have been the driver
30 of the vehicle.
(3) Any other document served by post under this Part must be
addressed--
(a) to the address for service given by the person on
whom the document is to be served; or
35 (b) if no address for service has been given, to the address
contained in the document provided under
clause 5(1)(a).
47
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 54
PART 3--PENALTY NOTICES
14. Application of Part 2 to penalty notices
Part 2, with any necessary modifications, applies to penalty
notices and prescribed offences as if--
5 (a) any reference in that Part to an infringement notice
were a reference to a penalty notice; and
(b) for clause 11(1)(a) there were substituted the
following--
"(a) the person is not thereby to be taken to have
10 been convicted of the offence, except as
provided in clause 15;".
15. Deemed conviction where failure to do act or thing
If a penalty notice has been served on a child in relation to a
prescribed offence constituted by a failure to do a particular
15 act or thing and--
(a) the child pays the infringement penalty together with
any prescribed costs after the end of the period
specified in the penalty notice but before an
enforcement order is made under this Part in relation
20 to the prescribed offence but does not do the act or
thing and at the date of payment that act or thing was
still able to be done, the obligation to do that act or
thing continues and the relevant continuing offence
provision applies in relation to the continued failure to
25 do the act or thing as if, on the day on which the child
made the payment, the child had been convicted of an
offence constituted by a failure to do the act or thing;
or
(b) an enforcement order is made and at the date on
30 which the enforcement order was made that act or
thing had not been done and was still able to be done,
the obligation to do that act or thing continues and the
relevant continuing offence provision applies in
relation to the continued failure to do that act or thing
35 as if, on the day on which the enforcement order was
made, the child had been convicted of an offence
constituted by a failure to do the act or thing.
__________________'.
48
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 55
55. Transitional provisions
At the end of Schedule 3 to the Principal Act
insert--
"29. Section 58 of the Magistrates' Court Act 1989 as
5 applied by section 24(2A) of this Act applies to a
warrant to seize property issued in accordance with an
order made under section 155(1)(c) of this Act before
the commencement of section 7 of the Children and
Young Persons (Miscellaneous Amendments) Act
10 2005 if the warrant has not been executed before that
commencement or the fine in respect of which it was
issued has not been paid before that commencement.
30. An amendment made to this Act by a provision of the
Children and Young Persons (Miscellaneous
15 Amendments) Act 2005 (other than sections 50
and 54) applies to a proceeding for an offence or for a
breach of a sentencing order commenced on or after
the commencement of that provision, regardless of
when the offence to which the proceeding relates is
20 alleged to have been committed or the sentencing
order was made.
31. An amendment made to this Act by a provision of
sections 50 and 54 of the Children and Young
Persons (Miscellaneous Amendments) Act 2005
25 applies to an infringement notice issued on or after the
commencement of that provision.
32. Despite their repeal by section 20 of the Children
and Young Persons (Miscellaneous Amendments)
Act 2005, sections 156, 156A, 157(1) and 267(1)(ba)
30 as in force immediately before their repeal continue to
apply in relation to orders made under section
155(1)(e) before its repeal by section 19(4) of that
Act.
33. A reference to a youth attendance project in an order
35 made under section 170 is deemed, on and after the
commencement of section 35(1) of the Children and
Young Persons (Miscellaneous Amendments) Act
2005, to be a reference to a youth supervision unit.
49
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendment of the Children and Young Persons Act 1989
s. 55
34. A person who is remanded in custody in a prison,
police gaol or youth training centre by a court or a
bail justice and is under the age of 18 years on or after
the commencement of section 3 of the Children and
5 Young Persons (Age Jurisdiction) Act 2004 must,
on that commencement, be placed in a remand centre
and section 130 applies to the person as if the person
were a child.".
__________________
50
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 3--Amendment of Other Acts
s. 56
PART 3--AMENDMENT OF OTHER ACTS
See:
56. New section 89F inserted in Road Safety Act 1986 Act No.
127/1986.
After section 89E of the Road Safety Act 1986 Reprint No. 8
insert-- as at
1 July 2004
"89F. Application and modification of
5 and
amending
Schedule 2A to Children and Young Act Nos
Persons Act 1989 19/1991,
94/2003,
(1) The following provisions of Schedule 2A to 111/2003 (as
amended by
the Children and Young Persons Act 1989 Nos 49/2004
do not apply to or in relation to a traffic and 110/2004),
10
12/2004,
infringement notice in respect of a drink- 47/2004,
driving infringement, a drug-driving 80/2004,
108/2004 and
infringement or an excessive speed 110/2004.
infringement-- LawToday:
www.dms.
dpc.vic.
(a) clause 3(7);
15 gov.au
(b) clause 5(2)(f) and (h);
(c) clause 11(1)(a) and (b).
(2) Subject to sub-section (1), and sections 89A
to 89D of this Act, the procedures set out in
Schedule 2A to the Children and Young
20
Persons Act 1989 may be used for the
enforcement of the amount specified in a
traffic infringement notice issued in respect
of a drink-driving infringement, a drug-
driving infringement or an excessive speed
25
infringement as payable in respect of the
offence for which the notice was issued.".
57. Amendment of the Road Safety Act 1986
(1) In the Road Safety Act 1986--
(a) in section 66(3)(aab), after "Magistrates'
30
Court Act 1989" insert "or under
Schedule 2A to the Children and Young
Persons Act 1989";
51
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 3--Amendment of Other Acts
s. 57
(b) in section 66(3AA)(c), after "Magistrates'
Court Act 1989" insert "or under
Schedule 2A to the Children and Young
Persons Act 1989";
(c) in section 67(1), after "Magistrates' Court"
5
insert "or the Children's Court, as the case
may be,";
(d) in section 67(3)(f), after "Magistrates'
Court Act 1989" insert "or in Schedule 2A
to the Children and Young Persons Act
10
1989";
(e) in section 67(4), after "Magistrates' Court
Act 1989" insert "or under Schedule 2A to
the Children and Young Persons Act
1989";
15
(f) in section 86(3)(aab), after "Magistrates'
Court Act 1989" insert "or under
Schedule 2A to the Children and Young
Persons Act 1989";
(g) in section 86(4)(c), after "Magistrates'
20
Court Act 1989" insert "or under
Schedule 2A to the Children and Young
Persons Act 1989";
(h) in section 88(3AA), after "Magistrates'
Court Act 1989" insert "or under
25
Schedule 2A to the Children and Young
Persons Act 1989";
(i) in section 89B(3)(d), after "Magistrates'
Court Act 1989" insert "or in Schedule 2A
to the Children and Young Persons Act
30
1989";
(j) in section 92(3)(e)(ii), after "Magistrates'
Court Act 1989" insert "or in Schedule 2A
to the Children and Young Persons Act
1989".
35
52
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 3--Amendment of Other Acts
s. 58
(2) In section 89F of the Road Safety Act 1986 omit
", a drug-driving infringement" (wherever
occurring).
See:
58. Amendment of the Melbourne City Link Act 1995 Act No.
107/1995.
(1) In the Melbourne City Link Act 1995--
5 Reprint No. 5
as at
(a) in section 83(2A), after "Magistrates' 31 December
Court Act 1989" insert "or under 2002
and
Schedule 2A to the Children and Young amending
Persons Act 1989"; Act Nos
59/2003,
(b) in section 86(1), after "Magistrates' Court 94/2003,
10
12/2004,
Act 1989" insert "or in Schedule 2A to the 49/2004
Children and Young Persons Act 1989"; 108/2004 and
110/2004.
LawToday:
(c) in section 86(2), after "Magistrates' Court www.dms.
Act 1989" insert "or the Children and dpc.vic.
gov.au
Young Persons Act 1989, as the case may
15
be,".
(2) After section 86(3) of the Melbourne City Link
Act 1995 insert--
"(4) The Children and Young Persons Act 1989
applies as if--
20
(a) an infringement notice under this Part
were an infringement notice within the
meaning of Schedule 2A to that Act;
(b) an offence referred to in sub-section (1)
were a prescribed offence within the
25
meaning of that Schedule;
(c) the prescribed penalty for the offence
stated in the infringement notice were
the infringement penalty for the
purposes of that Schedule.".
30
53
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 3--Amendment of Other Acts
s. 59
(3) In the Melbourne City Link Act 1995--
(a) in section 87(3)(aab), after "Magistrates'
Court Act 1989" insert "or under
Schedule 2A to the Children and Young
Persons Act 1989";
5
(b) in section 87(3A)(c), after "Magistrates'
Court Act 1989" insert "or under
Schedule 2A to the Children and Young
Persons Act 1989";
(c) in section 87A(1), after "Magistrates' Court"
10
insert "or the Children's Court, as the case
may be,";
(d) in section 87A(3)(c), after "Magistrates'
Court Act 1989" insert "or in Schedule 2A
to the Children and Young Persons Act
15
1989";
(e) in section 87A(4), after "Magistrates'
Court Act 1989" insert "or under
Schedule 2A to the Children and Young
Persons Act 1989".
20
See: 59. Amendment of the Mitcham-Frankston Project
Act No.
Act 2004
39/2004
and
(1) In the Mitcham-Frankston Project Act 2004--
amending
Act Nos
(a) in section 213(a), after "Magistrates' Court
81/2004 and
108/2004.
Act 1989" insert "or under Part 2 of
25 LawToday:
Schedule 2A to the Children and Young
www.dms.
dpc.vic.
Persons Act 1989";
gov.au
(b) in section 218(1), after "Magistrates' Court
Act 1989" insert "or Part 2 of Schedule 2A
to the Children and Young Persons Act
30
1989, as the case may be,".
54
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 3--Amendment of Other Acts
s. 60
(2) After section 218(2) of the Mitcham-Frankston
Project Act 2004 insert--
"(3) The Children and Young Persons Act 1989
applies as if--
(a) an infringement notice under this
5
Division were an infringement notice
within the meaning of Schedule 2A to
that Act; and
(b) an offence referred to in section 204
were a prescribed offence within the
10
meaning of that Schedule; and
(c) the infringement penalty for the offence
were the infringement penalty for the
purposes of that Schedule.".
(3) In the Mitcham-Frankston Project Act 2004--
15
(a) in section 219(3)(ab), after "Magistrates'
Court Act 1989" insert "or under
Schedule 2A to the Children and Young
Persons Act 1989";
(b) in section 219(6)(c), after "Magistrates'
20
Court Act 1989" insert "or under
Schedule 2A to the Children and Young
Persons Act 1989".
See:
60. Amendment of the Bail Act 1977 Act No.
9008.
After section 5 of the Bail Act 1977 insert--
25 Reprint No. 8
as at
'5A. Power to return defendant to youth 17 February
training centre 2005.
LawToday:
(1) Despite anything in this Act, if-- www.dms.
dpc.vic.
gov.au
(a) the defendant in a criminal proceeding
in the Supreme Court or the County
30
Court is a person undergoing a sentence
of detention in a youth training centre;
and
55
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 3--Amendment of Other Acts
s. 61
(b) the Supreme Court or the County
Court, as the case may be, adjourns the
proceeding--
the Supreme Court or the County Court may,
instead of remanding the defendant in
5
custody--
(c) direct that the defendant be returned to
the custody of the Secretary to the
Department of Human Services until
the end of the sentence of detention or
10
the resumption of the hearing,
whichever is the sooner; and
(d) either--
(i) grant the defendant bail on a
special condition that bail is not to
15
be entered until the end of the
sentence of detention; or
(ii) refuse bail and direct that the
defendant be brought before the
Supreme Court or the County
20
Court, as the case may be, at a
later date for it to consider the
granting of bail.
(2) In this section, "the end of the sentence of
detention" means the time when the
25
defendant is released from custody, whether
on parole or otherwise.
Note: See also section 49 of the Magistrates' Court Act
1989.'.
See: 61. Amendment of the Children and Young Persons
30 Act No.
(Age Jurisdiction) Act 2004
72/2004.
Statute Book:
Sections 7, 8, 9, 11, 13(b), 14, 16 and 17(b) of the
www.dms.
dpc.vic.
Children and Young Persons (Age Jurisdiction)
gov.au
Act 2004 are repealed.
56
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Part 3--Amendment of Other Acts
s. 62
62. Statute law revision
See:
In section 10(3) of the Children and Young Act No.
Persons (Koori Court) Act 2004 for "section 89/2004.
Statute Book:
8(3)(b)" substitute "sections 8(3)(b) and 8(3)(c)". www.dms.
dpc.vic.
gov.au
57
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Children and Young Persons (Miscellaneous Amendments) Act
2005
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
58
551259B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
[Index] [Search] [Download] [Related Items] [Help]