Tasmanian Numbered Acts

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YOUTH JUSTICE (MISCELLANEOUS AMENDMENTS) ACT 2013 (NO. 27 OF 2013) - SECT 5

Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as follows:
(a) by inserting the following definition after the definition of Chief Magistrate :
Commissioner for Children means the Commissioner for Children appointed under section 78 of the Children, Young Persons and Their Families Act 1997 ;
(b) by inserting the following definitions after the definition of community conference :
community service means attending, or undertaking, a community service activity;
community service activity means an activity that is approved under section 6A ;
(c) by inserting the following definition after the definition of complaint :
controlled substance has the same meaning as in the Misuse of Drugs Act 2001 ;
(d) by inserting the following definition after the definition of detention period :
Director, Monetary Penalties Enforcement Service has the same meaning as in the Monetary Penalties Enforcement Act 2005 ;
(e) by inserting the following definition after the definition of goods :
Government Agency has the same meaning as in the Children, Young Persons and Their Families Act 1997 ;
(f) by inserting the following definition after the definition of informal caution :
information-sharing entity has the same meaning as in the Children, Young Persons and Their Families Act 1997 ;
(g) by inserting the following definition after the definition of legal representative :
nominated adult , in relation to a youth, means an adult who –
(a) has had a close association with the youth or has been counselling, advising or aiding the youth; and
(b) has not been charged with the offence in respect of which the youth has been taken into custody or is not suspected, by a police officer on reasonable grounds, of being directly or indirectly involved in the commission of that offence; and
(c) has been nominated by the youth;
(h) by inserting the following subparagraph after subparagraph (iii) in paragraph (b) of the definition of prescribed offence :
(iiia) an offence under section 125A of the Criminal Code (maintaining a sexual relationship with a young person under the age of 17 years); and
(i) by omitting the definition of responsible adult and substituting the following definition:
responsible adult , in relation to a youth, means a person who –
(a) is a nominated adult in relation to the youth; or
(b) if there is no nominated adult in relation to the youth, a justice of the peace or a person, or a member of a class of persons, approved by the Secretary;



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