Queensland Numbered Acts

JUVENILE JUSTICE AND OTHER ACTS AMENDMENT ACT 2009 No. 34 - SECT 41

Part 11--

insert--

'In this division--

amending Act means the Juvenile Justice and Other Acts Amendment Act 2009.

new, in relation to a section, means the section as it exists at any time after its commencement under the amending Act.

old, in relation to a section, means the section as it existed at any time before its repeal under the amending Act.

'From the commencement of the amending Act, section 9, a reference set out in column 1 of the following table in any other Act or any instrument or document is taken, if the context permits, to be the reference set out opposite in column 2.

'(1) This section applies if--

(a) before the commencement day, a child is given a relevant notice; and

(b) the notice does not include a warning that, if the child fails to appear before the court in answer to the notice, the court may issue a warrant for the child's arrest; and

(c) the child fails to appear before the court in answer to the notice.

'(2) The court may not issue a warrant for the child's arrest under the relevant warrant provision unless a further relevant notice is given to the child that includes the warning mentioned in subsection (1)(b) and the child fails to appear before the court in answer to the further notice.

'(3) This section does not limit any other power of the court to issue a warrant for the child's arrest.

'(4) For this section--

(a) a notice given under a provision mentioned in column 1 of the following table is a relevant notice; and

(b) the relevant warrant provision for the relevant notice is the provision stated opposite in column 2; and

(c) the commencement day for the relevant notice is the day stated opposite in column 3.

'(1) This section applies if immediately before the commencement of the amending Act, section 22(2) (the commencement), a child has been given a notice under section 165(6) for a contravention of a term of a conference agreement but not been entirely dealt with under the section.

'(2) The child must, despite the commencement, be dealt with for the contravention under the section as it existed at that time.

'(3) Any other contravention must be dealt with under this Act as amended by the amending Act, even if the contravention happened before the commencement.

'(1) This section applies for the purpose of applying the Criminal Code, s 305(2) and (3) (the Code provisions) to a child under section 176(6) of this Act.

'(2) The Code provisions apply only if the court is sentencing the child on a conviction of murder committed after the commencement day.

'(3) However, the court, in applying the Code provisions, may have regard to an offence of murder that was committed before the commencement day, whether or not the conviction or sentence for the murder happened before or happens after the commencement day.

'(4) Subsection (3) applies even if the offence of murder is an offence for which the court is also sentencing the child or taking into account on the sentence of the child.

'(5) In this section--

commencement day means the day the amending Act, section 25 commences.

'(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.

'(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.

'(1) Subsection (2) applies if an application has been made but not entirely dealt with on the repeal of old section 270.

'(2) The application must be dealt with, and if necessary reheard, under new section 276C.

'(3) New part 8, division 2A applies to all other matters relating to the serving of a period of detention as a term of imprisonment even if the relevant circumstances arose before the commencement of the division.

'(4) From the repeal of the old section 270, an order made under the section is taken to be a transfer order made under new section 276C.

'The amendment of a regulation by the amending Act does not affect the power of the Governor in Council to further amend the regulation or to repeal it.'.