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YOUTH JUSTICE AND OTHER LEGISLATION AMENDMENT ACT (NO. 2) 2016 - SECT 8B

Amendment of s 474 (Destruction of identifying particulars)

8B Amendment of s 474 (Destruction of identifying particulars)

(1) Section 474—
insert—
(4A) If—
(a) the person is a child; and
(b) the Youth Justice Act 1992 applies for proceeding against the child for the identifying particulars offence; and
(c) the child pleads guilty before the court; and
(d) the court dismisses the charge and refers the offence to the chief executive (communities) for a restorative justice process under the Youth Justice Act 1992 , section 24A;
the requirement to destroy the identifying particulars under subsection (1) does not apply until the child discharges his or her obligations under a restorative justice agreement made as a consequence of the referral.
(2) Section 474(5)—
insert—

"restorative justice agreement" see the Youth Justice Act 1992 , schedule 4.

"restorative justice process" see the Youth Justice Act 1992 , schedule 4.



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