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YOUTH JUSTICE ACT 2024 - SECT 307

Application by Secretary to vary or revoke community-based order for contravention

    (1)     The Secretary may apply to the Children's Court for variation or revocation of an order specified in subsection (2) in force in respect of a child if it appears to the Secretary that the child has contravened the order.

    (2)     The specified orders are—

        (a)     a good behaviour order; or

        (b)     a community service order; or

        (c)     a probation order; or

        (d)     a youth supervision and support order.

    (3)     The following persons may apply to the Children's Court for variation or revocation of a youth control order in force in respect of a child

        (a)     the Secretary, if it appears to the Secretary that the child has contravened the order;

        (b)     a police officer, if the child has been found guilty of an offence punishable on first conviction with imprisonment for a term of 5 years or more during the period that the youth control order is in force.

    (4)     As soon as practicable after an application under this section is made, a copy of the application and notice of the date set by the Children's Court for the hearing of the application must be served—

        (a)     if the Secretary is the applicant, by the Secretary on the child; or

        (b)     if a police officer is the applicant, by the police officer on—

              (i)     the child; and

              (ii)     the Secretary.

Notes

1     Part 8.1 of the Children, Youth and Families Act 2005 deals with service of documents.

2     See section 314 for requirements in relation to hearing an application for contravention of an order, including an application made under this section.



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