(1) In section 321LA of the Crimes Act 1958 insert the following definition—
""adult" means a person who is 18 years of age or over;".
(2) At the end of section 321LA of the Crimes Act 1958 insert —
"(2) Conduct by a child may be criminal activity even if, under section 10 or 11 of the Youth Justice Act 2024 , it is presumed that the child cannot commit the offence that the conduct would constitute.
Notes
1 It is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the Youth Justice Act 2024 .
2 It is presumed that a child who is 12 or 13 years of age cannot commit an offence—see section 11 of the Youth Justice Act 2024 .".