Tasmanian Numbered Acts

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YOUTH JUSTICE (MISCELLANEOUS AMENDMENTS) ACT 2013 (NO. 27 OF 2013) - SECT 9

Section 10 amended (Formal caution)
Section 10 of the Principal Act is amended as follows:
(a) by omitting paragraph (c) from subsection (2) and substituting the following paragraphs:
(c) if the youth is 13 or more years old when required to enter into the undertaking, an undertaking to perform a specified period (of not more than 35 hours) of community service consisting of a community service activity which is for the benefit of the victim of the offence or a purpose specified in section 6A(3) ;
(ca) if the youth is less than 13 years old when required to enter into the undertaking, an undertaking to perform a specified period (of not more than 35 hours) of community service consisting of a community service activity which is for a purpose specified in section 6A(3)(a) or (c) ;
(b) by inserting the following subsections after subsection (2) :
(2A)  An undertaking must not be required under subsection (2)(c) or (ca) if the effect would be to require the youth to undertake a number of hours of community service that would, when combined with the number of hours of community service the youth still has to perform under all community service orders, or all undertakings previously entered into under one of those subsections or section 16(1)(e) , total –
(a) more than 70 hours, if the youth is less than 16 years old when required to enter into the undertaking; or
(b) more than 210 hours, if the youth is 16 or more years old when required to enter into the undertaking.
(2B)  An undertaking under subsection (2)(c) or (ca) operates cumulatively to every other such undertaking under that subsection or section 16(1)(e) .
(c) by inserting in subsection (8) "and substantially fulfils" after "into" ;
(d) by inserting the following subsection after subsection (8) :
(8A)  For the purposes of subsection (8) , a youth who has failed to substantially fulfil an undertaking is to be taken to have substantially fulfilled the undertaking if the youth has a reasonable excuse for the failure.



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