Children, Young Persons and Their Families and Youth Justice (Transitional and Savings Provisions) Amendment Act 1999

Children, Young Persons and Their Families and Youth Justice (Transitional and Savings Provisions) Amendment Act 1999

An Act to amend the Children, Young Persons and Their Families and Youth Justice (Transitional and Savings Provisions) Act 1998

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Children, Young Persons and Their Families and Youth Justice (Transitional and Savings Provisions) Amendment Act 1999 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Children, Young Persons and Their Families and Youth Justice (Transitional and Savings Provisions) Act 1998 is referred to as the Principal Act.

4.    Section 16 substituted

Section 16 of the Principal Act is repealed and the following section is substituted:

16.   Imprisonment

(1)  In this section,

sentence of imprisonment means –

(a) a sentence of imprisonment imposed on a child by a children's court; or

(b) a sentence of imprisonment imposed on a person by a court of summary jurisdiction for an offence that the person committed as a child.

(2)  A sentence of imprisonment in force immediately before the commencement day is taken to be a sentence of detention imposed under the Youth Justice Act 1997 and has effect until the first of the following occurs:

(a) the sentence is served;

(b) the period of 2 years commencing on the commencement day expires.

5.    Section 18 substituted

Section 18 of the Principal Act is repealed and the following section is substituted:

18.   Fine

(1)  In this section,

fine order means –

(a) an order of a children's court imposing a fine on a child; or

(b) an order of a court of summary jurisdiction imposing a fine on a person for an offence that the person committed as a child.

(2)  A fine order in force immediately before the commencement day is taken to be an order made by the Magistrates Court (Youth Justice Division) under section 47(1)(e) of the Youth Justice Act 1997 .

6.    Section 18A inserted

After section 18 of the Principal Act , the following section is inserted in Division 3:

18A.   Compensation order

(1)  In this section,

compensation order means an order of a children's court or court of summary jurisdiction that –

(a) a person who has suffered loss or damage as a result of an offence committed by an offender as a child is to recover an amount of money due to that person from the offender or a sum of money by way of damages; or

(b) a person who has suffered injury, loss, destruction or damage as a result of an offence committed by an offender as a child is to be paid compensation by the offender for that injury, loss, destruction or damage.

(2)  A compensation order in force immediately before the commencement day is taken to be a compensation order made by the Magistrates Court (Youth Justice Division) under section 98 of the Youth Justice Act 1997 .

[Second reading presentation speech made in:

House of Assembly on 25 MARCH 1999

Legislative Council on 20 APRIL 1999]