PROSTITUTION ACT 2000 - SECT 45
PROSTITUTION ACT 2000 - SECT 45
45 . Provisions about children
(1) No restraining
order is to be made against a child whose age is less than 10 years.
(2) In an application
to vary or cancel a restraining order against a child, section 45 of the
Young Offenders Act 1994 applies as if the matter were proceedings for an
offence.
(3) If the
Children’s Court hears an application for a restraining order under
section 38 against a person or an application to vary or cancel a restraining
order against a person in the belief that the person is a child when in fact
the person is not a child —
(a) as
soon as it becomes aware the person is not a child, the Children’s Court
is to transfer the matter to the Magistrates Court; and
(b) the
Children’s Court proceedings are not, for that reason, invalidated; and
(c) an
order made by the Children’s Court before it became aware the person was
not a child, is as valid and has the same effect as if it had been made by the
Magistrates Court.
(4) If the Magistrates
Court hears an application for a restraining order under section 38 against a
person or an application to vary or cancel a restraining order against a
person in the belief that the person is not a child when in fact the person is
a child —
(a) as
soon as it becomes aware the person is a child, the Magistrates Court is to
transfer the matter to the Children’s Court; and
(b) the
Magistrates Court proceedings are not, for that reason, invalidated; and
(c) an
order made by the Magistrates Court before it became aware the person was a
child, is as valid and has the same effect as if it had been made by the
Children’s Court.
(5) If a court
transfers a matter to another court under this section, the registrar of each
court is to give effect to the transfer.
[Section 45 amended: No. 59 of 2004 s. 141.]