Victorian Current Acts

YOUTH JUSTICE ACT 2024 - SECT 1175

For section 4(3) of the Youth Justice Act 2024 substitute —

    "(3)     A person is excluded if the person is 19 years of age or over—

        (a)     at the time of the commencement of the proceeding for the offence or alleged offence; or

        (b)     if the offence is an infringement offence—

              (i)     at the time of the commencement of the proceeding for the offence; or

              (ii)     at the time the enforcement agency gives the registration document and registration certificate to a registrar under section 725—

whichever is earlier.

    (4)     To avoid doubt, in this Act, "child" includes—

        (a)     in relation to an order or sentence imposed under Chapter 7, a person who is 18 years of age or over and subject to that order or sentence; and

        (b)     in relation to an appeal under Chapter 8, a person who is 18 years or over at the time of the appeal or any time during the appeal; and

        (c)     a person who is held in custody in a youth justice custodial centre under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 ; and

        (d)     a person who is under 18 years of age and detained in a youth justice custodial centre under Part 2AA or 2A of the Terrorism (Community Protection) Act 2003 or under a corresponding preventative detention law within the meaning of that Act.

Note

This Act applies subject to sections 13AS and 13WA of the Terrorism (Community Protection) Act 2003 .

    (5)     Despite subsection (2), in Chapter 11, child does not include a person who—

        (a)     is held in a police gaol for one or more offences; and

        (b)     was 18 years of age or over at the time of the commission of at least one of those offences.".

Part 23.47—Repeal of this Chapter