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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Young Offenders (Release on Licence) Amendment
Bill 2013
A BILL FOR
An Act to amend the Young
Offenders Act 1993.
Contents
Part 1—Preliminary
1Short
title
2Amendment provisions
Part 2—Amendment of Young Offenders
Act 1993
3Amendment of section 29—Sentencing youth
as an adult
4Repeal of Part 5 Division
2
5Amendment of section 42A—Training Centre
Review Board may direct youth to surrender firearm etc
Schedule 1—Transitional
provisions
1Interpretation
2Applications under section 37 of
Young Offenders Act 1993
3Youths currently subject to
licence
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Young Offenders (Release on Licence)
Amendment Act 2013.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Young Offenders
Act 1993
3—Amendment
of section 29—Sentencing youth as an adult
Section 29(4)—delete "murder must be sentenced to imprisonment for
life." and substitute:
murder—
(a) must be sentenced to imprisonment for life; and
(b) will, for the purposes of this or any other Act, be taken to be
sentenced as an adult.
Part 5 Division 2—delete Division 2
5—Amendment
of section 42A—Training Centre Review Board may direct youth to surrender
firearm etc
Section 42A(1)—delete "section 37(3a)(a), or"
Schedule 1—Transitional
provisions
In this Schedule—
repealed section means section 37 of the Young
Offenders Act 1993 repealed by
section 4.
2—Applications
under section 37 of Young Offenders
Act 1993
(1) Despite
section 16 of the Acts
Interpretation Act 1915 or a provision of any other Act or law, any
right accrued but not yet exercised, or, if exercised, not yet determined, under
the repealed section is, by force of this subclause, extinguished.
(2) To avoid doubt,
subclause (1)—
(a) prevents an application for release on licence from being made under
the repealed section regardless of whether the youth could have made such an
application before the commencement of that subclause; and
(b) defeats any application for release on licence made by a youth under
the repealed section that had not yet been determined before the commencement of
that subclause.
3—Youths
currently subject to licence
(1) Subject to this clause, a release on licence of a youth under the
repealed section that has not been cancelled will be taken to continue in
accordance with its terms.
(2) Section 37 of the Young
Offenders Act 1993, as in force immediately before the commencement
of this clause, will be taken to continue to apply in relation to a release on
licence continued under this clause as if that section had not been
repealed.