Australian Capital Territory Repealed Acts

This legislation has been repealed.

CHILDREN AND YOUNG PEOPLE ACT 1999 (REPEALED) - SECT 99

    (1)     The Childrens Court may not make an order—

        (a)     for the imprisonment of a young person; or

        (b)     releasing a young person on the young person giving security to be of good behaviour; or

        (c)     of a kind mentioned in section 96 (1) (h), (i), (j), (k) or (l)—

              (i)     if the court would not, if the offence had been committed by an adult, have been empowered to sentence the adult to imprisonment; or

              (ii)     unless satisfied that, in the circumstances, no other order that might be made is appropriate; or

              (iii)     for a period longer than the period of imprisonment that could have been imposed in respect of the offence if the offence had been committed by an adult.

    (2)     For subsection (1) (b), the Childrens Court may make a good behaviour order under the Crimes (Sentencing) Act 2005 —

        (a)     section 13 (Good behaviour orders); or

        (b)     section 17 (2) (b) (Non-conviction orders—general).

    (3)     However, the good behaviour order must not include any of the following conditions under the Crimes (Sentencing) Act 2005 , section 13:

        (a)     that the young person give security for a stated amount, with or without sureties, for compliance with the order;

        (b)     a community service condition;

        (c)     a rehabilitation program condition;

        (d)     a probation condition.

    (4)     Subsection (2) and (3) (d) do not limit the Childrens Court's power to make a probation order under section 96 (Disposition of young offenders).