Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 348

348 Cancellation of supervised release order

(1) Subsections (2) and (3) apply if an application about a contravention of supervised release order is made under old section 231 but not entirely dealt with before its repeal under the amending Act.

(2) The application continues as if old section 231 were not repealed.

(2A) Old section 231 (12) continues to apply (and is declared to have always continued to apply despite its repeal) in relation to a warrant issued for a child’s arrest under old section 231 (4) or (5) for the period spent by the child out of custody.

(3) If the supervised release order expires before the child is finally dealt with on the application—

(a) the application expires; and

(b) if the child is in custody under a warrant issued under old section 231 (4) or (5) , the child must be released from custody under the warrant.

(4) New part 7 , division 12A applies to all other contraventions arising before the commencement.

(5) To remove any doubt, it is declared that, under subsection (4) , a court is to act under new sections 252E and 252F if the circumstances mentioned in section 252E (1) apply.

(6) However, a court in its discretion need not act under new sections 252E and 252F if the child’s sentencing for the offence mentioned in new section 252E (1) has started but not ended before the repeal of old section 231 by the amending Act.