Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 501

S. 501(1) amended by Nos 54/2011 s. 10(3), 43/2017 s. 56(1).

    (1)     A person must not without lawful authority or excuse—

S. 501(1)(aa) inserted by No. 54/2011 s. 10(1).

        (aa)     enter or attempt to enter a remand centre, youth residential centre, youth justice centre or youth justice unit; or

        (a)     communicate or attempt to communicate with a person held in a remand centre, youth residential centre, youth justice centre or youth justice unit in contravention of a clear instruction from the Secretary not to do so; or

S. 501(1)(ab) inserted by No. 54/2011 s. 10(2).

        (ab)     communicate or attempt to communicate with a person who is on temporary leave from a remand centre, youth residential centre, youth justice centre or youth justice unit accompanied by an officer if the communication threatens the security of the remand centre, youth residential centre, youth justice centre or youth justice unit or any person; or

        (b)     deliver, or in any manner attempt to deliver, to any such person or introduce or attempt to introduce or cause to be introduced into a remand centre, youth residential centre, youth justice centre or youth justice unit—

              (i)     any firearm, offensive weapon or other article which is capable of being used as a weapon; or

              (ii)     any form of drug without the consent of the Secretary; or

              (iii)     any form of alcoholic liquor or beverage; or

              (iv)     any other article or thing not allowed by the regulations; or

        (c)     in any manner take or receive from any such person for the purpose of conveying out of or taking away from a remand centre, youth residential centre, youth justice centre or youth justice unit any article or thing without the consent of the Secretary; or

        (d)     deliver or cause to be delivered to any other person any article or thing for the purpose of being introduced as mentioned in paragraph (b) or secrete or leave about or in any place where any such person is usually employed or detained any article or thing for the purpose of being found or received by any such person; or

        (e)     at any time or in any manner contrary to the regulations convey to or cause to be conveyed to any person any article or thing; or

        (f)     lurk or loiter about a remand centre, youth residential centre, youth justice centre or youth justice unit for any of the purposes mentioned in this subsection.

Penalty:     In the case of a child, 120 penalty units or imprisonment for 12 months.

In any other case, imprisonment for 2 years.

S. 501(2) amended by Nos 54/2011 s. 10(3), 43/2017 s. 56(2).

    (2)     A person who has without lawful authority or excuse entered a remand centre, youth residential centre, youth justice centre or youth justice unit or any building, yard or ground belonging to that centre or unit must not refuse or fail to leave when required to do so by any person for the time being in charge of that centre or unit.

Penalty:     In the case of a child, 120 penalty units or imprisonment for 12 months.

In any other case, imprisonment for 2 years.

S. 501(3) amended by No. 37/2014 s. 10(Sch. item 18.16).

    (3)     A person guilty of an offence under this section may be apprehended by a police officer without warrant.

S. 501(4) inserted by No. 54/2011 s. 10(4).

    (4)     A person must not be charged with an offence against subsection (1)(ab) unless an officer accompanying the person on temporary leave has warned the first mentioned person that the person—

        (a)     is not authorised to communicate with the person on temporary leave; and

        (b)     may commit an offence if the person continues to communicate with or attempt to communicate with the person on temporary leave—

and the person continues to do so despite the warning.

S. 501(5) inserted by No. 43/2017 s. 61.

    (5)     For the purposes of subsection (1)(a), the Secretary may issue a written instruction to any person directing the person not to communicate or attempt to communicate with a person held
in a remand centre, youth residential centre, youth justice centre or youth justice unit in contravention of the instruction.

S. 501(6) inserted by No. 43/2017 s. 61.

    (6)     An instruction under subsection (5) must be served in accordance with section 593.

Part 6.3—General offences