Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 344B

Application for extension of time for commencement of proceeding

    (1)     An informant may apply to the Court for an extension of the period within which a proceeding against a child for a summary offence may be commenced.

    (2)     An application under subsection (1) may be made within 12 months after the date on which the summary offence is alleged to have been committed.

    (3)     Only one application may be made under this section.

    (4)     At least 14 days before the hearing of the application, the applicant must file in the Court and serve, in accordance with section 594, on the child

        (a)     notice of the application signed by the applicant; and

        (b)     notice of the charge signed by the applicant.

    (5)     An application must be supported by—

S. 344B(5)(a) amended by No. 6/2018 s. 68(Sch.  2 item 20.2).

        (a)     oral sworn or affirmed evidence; or

        (b)     affidavit; or

        (c)     a statement signed by the applicant and containing an acknowledgment signed by the applicant in the presence of an authorised person that the statement is true and correct and is made in the belief that a person making a false statement is liable to the penalties of perjury; or

        (d)     any other means that the Court considers appropriate.

S. 344C inserted by No. 7/2009 s. 429 (as amended by No. 68/2009 ss 47, 54(o)).



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