Victorian Current Acts

YOUTH JUSTICE ACT 2024 - SECT 834

After Division 3 of Part 16 of the Infringements Act 2006 insert —

" Division 4—Youth Justice Act 2024

        218     Definition of commencement day

In this Division—

"commencement day" means the day on which Part 19.11 of the Youth Justice Act 2024 comes into operation.

        219     Child cannot be held criminally responsible for infringement offence at 10 or 11 years of age

    (1)     A child cannot be held criminally responsible for any conduct that constitutes an infringement offence that is alleged to have occurred when the child was 10 or 11 years of age, irrespective of whether the conduct is alleged to have occurred before, on or after the commencement day.

    (2)     An issuing officer must not serve an infringement notice on a child for an infringement offence allegedly committed by the child when the child was 10 or 11 years of age, irrespective of whether the infringement offence is alleged to have been committed before, on or after the commencement day.

        220     Child to be released from obligation to pay an infringement penalty

    (1)     If an infringement notice has been served on a child for conduct that is alleged to have occurred when the child was 10 or 11 years of age and immediately before the commencement day, the infringement penalty stated in the infringement notice has not been fully paid, on the commencement day—

        (a)     the child is, by virtue of this section, taken not to have committed the alleged infringement offence; and

        (b)     the enforcement agency must withdraw the infringement notice; and

        (c)     the infringement penalty must be removed from any payment plan arranged under Part 3 for the payment of the infringement penalty; and

        (d)     the child must be unconditionally released from any obligation to pay the infringement penalty and any fee related to the infringement penalty.

    (2)     If an infringement notice is taken to be withdrawn under subsection (1) and part of the infringement penalty and fee (if any) has been paid under a payment plan arranged under Part 3, the amount paid under the payment plan in respect of the penalty and fee (if any) must be refunded and either—

        (a)     if the penalty and fee (if any) have been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, to be appropriated accordingly; or

        (b)     if the penalty and fee (if any) have been paid into another fund or account, the penalty and fee (if any) are to be refunded from that fund or account.

        221     Proceeding in Children's Court to be discontinued

    (1)     This section applies to a proceeding commenced under Schedule 3 of the Children, Youth and Families Act 2005 in relation to an infringement offence if—

        (a)     before the commencement day, a child elected under Division 7 of Part 2 of this Act to have the matter heard and determined in Children's Court; and

        (b)     the infringement offence relates to conduct allegedly engaged in by the child when the child was 10 or 11 years of age; and

        (c)     immediately before the commencement day, the proceeding has not been determined.

    (2)     If this section applies to a proceeding, on the commencement day—

        (a)     the enforcement agency must discontinue the proceeding; and

        (b)     the child is, by virtue of this section, taken to be not guilty of the alleged infringement offence; and

        (c)     the infringement notice must be withdrawn; and

        (d)     the child is unconditionally released from any obligation to pay the infringement penalty and any related fee.".

Part 19.12—Amendment of Jury Directions Act 2015