Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 386

386 Application of Act to matters before commencement

(1) The provisions of this Act, as in force after the commencement of the amendments, apply to incomplete proceedings under this Act.

(2) To remove any doubt, it is declared that the requirements for transferring a detainee to a corrective services facility under this Act apply to—

(a) a detainee who turns 18 years on or after the commencement of the amendments, regardless of when the detainee’s period of detention started; and

(b) a person sentenced for an offence, or returned to detention in relation to an offence, after the commencement of the amendments, regardless of when the person committed the offence, was charged with the offence or criminal proceedings for the offence were started.

(3) A prison transfer direction issued before the commencement ceases to have effect if the person, the subject of the notice, was not transferred to a corrective services facility before the commencement of the amendments.

(4) Despite the replacement of part 3 by the amendments, that part, as in force immediately before the replacement, continues to apply for any of the following started before the replacement—

(a) a referral by a police officer of an offence to the chief executive for a conference;

(b) a youth justice conference;

(c) a conference agreement.

(5) In this section—

"amendments" means the amendments of this Act made by the Youth Justice and Other Legislation Amendment Act (No. 2) 2016.

"incomplete proceedings" means proceedings against a child for an offence conducted under this Act and started, but not completed, before the commencement of the amendments.

"prison transfer direction" means a prison transfer direction under section 276C (1) as in force immediately before the commencement of the amendments.