Victorian Current Acts

YOUTH JUSTICE ACT 2024 - SECT 795

After section 90A of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 insert —

        "     91     Transitional provision—Youth Justice Act 2024—increase in minimum age of criminal responsibility

    (1)     If, before the commencement of Part 1.2 of the Youth Justice Act 2024 , a court has declared that a child is liable to supervision under Division 5 of Part 5A because of conduct by the child when the child was 10 or 11 years of age, on that commencement—

        (a)     the declaration is of no effect; and

        (b)     any supervision order made under section 38ZH in respect of the child because of the declaration is, by virtue of this section, taken to be set aside; and

        (c)     any order made under the Bail Act 1977 in respect of the child is, by virtue of this section, taken to be set aside; and

        (d)     any other order relating to the declaration is, by virtue of this section, taken to be set aside.

    (2)     If a supervision order made under section 38ZH is taken to be set aside under this section—

        (a)     the child is released from any obligation to comply with the conditions of the order; and

        (b)     if the child is in custody, the child must be unconditionally released; and

        (c)     any order made under section 38ZM that a warrant to arrest be issued against the child is, by virtue of this section, taken to be set aside.".

Part 19.6—Amendment of Crimes Act 1958

Division 1—Conspiracy, incitement, recruitment and complicity