Youth Justice (Miscellaneous Amendments) Act 2013


Tasmanian Crest
Youth Justice (Miscellaneous Amendments) Act 2013

An Act to amend the Youth Justice Act 1997 , and, in their application to youths, certain provisions in the Monetary Penalties Enforcement Act 2005 , the Police Offences Act 1935 and the Victims of Crime Compensation Act 1994

[Royal Assent 18 July 2013]

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:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Youth Justice (Miscellaneous Amendments) Act 2013 .

2.   Commencement

The provisions of this Act commence on a day or days to be proclaimed.
PART 2 - Youth Justice Act 1997 Amended

3.   Principal Act

In this Part, the Youth Justice Act 1997 is referred to as the Principal Act.

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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[Section 19 Repealed by No. 14 of 2022, s. 9, Applied:01 Dec 2022] .  .  .  .  .  .  .  .  

20.   

The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

25.   

The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

26.   

The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

36.   

The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

38.   

The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

40.   

The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

41.   

The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

[Uncommenced

44.    Section 101A inserted

After section 101 of the Principal Act , the following section is inserted in Division 15:

101A.   Workers rehabilitation provisions apply to youth performing community service

(1)  A youth performing community service is, for the purposes of the Workers Rehabilitation and Compensation Act 1988 , taken to be a worker who is employed by the Crown and who is being paid at the greater of the following rates:
(a) a rate equal to the basic salary within the meaning of that Act;
(b) the rate of the youth's normal weekly earnings, if any, within the meaning of section 69 of that Act.
(2)  For the purposes of this section, a youth is performing community service if he or she is –
(a) performing a required activity for the purposes of –
(i) an undertaking entered into by the youth under section 10(2)(c) or section 16(1)(e) ; or
(ii) a community service order; or
(b) making a required journey.
(3)  For subsection (2)(a) , a youth is taken to be performing a required activity for the purposes of an undertaking or order referred to in that paragraph if he or she is –
(a) reporting to his or her youth justice worker for the purposes of the undertaking or order; or
(b) performing community service in accordance with the undertaking or order; or
(c) doing something else at the request or direction of, or with the express or implied authority of, the youth's youth justice worker.
(4)  For subsection (2)(b) , a required journey is a journey made for the purposes of, or in connection with, a required activity.
(5)  Despite subsection (4) , a journey is not taken to be a required journey for subsection (2)(b) by reason only of the fact that it is for the purpose of enabling a youth to travel –
(a) from his or her place of residence to the place at which he or she is required to perform a required activity; or
(b) from the place at which he or she is required to perform a required activity to his or her place of residence.

]

45.   

The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

46.   

The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

47.   

The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

48.   

The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

49.   

The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

50.   

The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

51.   

The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .
PART 3 - Monetary Penalties Enforcement Act 2005 Amended

52.   

The amendments effected by this Part have been incorporated into the authorised version of the Monetary Penalties Enforcement Act 2005 .

53.   

The amendments effected by this Part have been incorporated into the authorised version of the Monetary Penalties Enforcement Act 2005 .
PART 4 - Police Offences Act 1935 Amended

54.   

The amendments effected by this Part have been incorporated into the authorised version of the Police Offences Act 1935 .

55.   

The amendments effected by this Part have been incorporated into the authorised version of the Police Offences Act 1935 .

56.   

The amendments effected by this Part have been incorporated into the authorised version of the Police Offences Act 1935 .
PART 5 - Victims of Crime Compensation Act 1994 Amended

57.   

The amendments effected by this Part have been incorporated into the authorised version of the Victims of Crime Compensation Act 1994 .

58.   

The amendments effected by this Part have been incorporated into the authorised version of the Victims of Crime Compensation Act 1994 .
PART 6 - Repeal of Act

59.   Repeal of Act

This Act is repealed on the three hundred and sixty fifth day from the day on which all its provisions commence.