Western Australian Numbered Acts Western Australian Numbered Acts (1) In this section,
unless the contrary intention appears —
“child” means a person who is under
18 years of age.
(2) If a court that
does not have jurisdiction to deal with a child for an offence determines a
charge against a person who is, or at a time material to the court’s
jurisdiction was, a child in the belief that the person is, or at the material
time was, not a child —
(a) the
court’s determination has full force and effect; and
(b)
anything done as a result of the determination is lawful.
(3) If a court that
does not have jurisdiction to deal with a child determines a charge as
mentioned in subsection (2), a party to the prosecution or the Attorney
General may apply to —
(a) that
court; or
(b) if
the determination is subject to an appeal, the court dealing with the appeal,
for an order setting
aside the determination.
(4) The court to which
such an application is made may either —
(a)
refuse the application;
(b) vary
the determination and any sentence imposed or other order made as a result of
the determination; or
(c) set
aside the determination and any sentence imposed or other order made as a
result of the determination and order the prosecution to be sent to and dealt
with by the Children’s Court,
and make any necessary
consequential orders.
(5) If a court is
dealing with an appeal in relation to the determination, subsection (4)
is in addition to the court’s powers on the appeal.