Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 143

Breach of undertaking

143. Breach of undertaking



(1) If-





   (a)  a person has given an undertaking to the Court or another court under
        section 142; and



   (b)  it appears to the Court that the person has failed to comply with the
        undertaking-

the Court may direct that the person and, if the person is under the age of 15
years, his or her parent be served with a notice to appear before the Court at
a specified time.

(2) If a notice is served under sub-section (1) and the person fails to appear
before the Court at the time specified, the Court may direct that a warrant to
arrest the person be issued.

(2A) A person alleged to have failed to comply with an undertaking under
section 142 must appear or be brought before the Court constituted by-

   (a)  the magistrate who made the order under section 142, if he or she
        still holds the office of magistrate; or

   (b)  any other magistrate if-

   (i)  the first-mentioned magistrate does not still hold the office of
        magistrate; or

   (ii) the person consents.



(2B) If a person does not consent to the Court constituted by any other
magistrate dealing with the breach, the proceeding must be adjourned for
hearing before the Court constituted by the magistrate who made the order
under section 142, if he or she still holds the office of magistrate.

(3) If the Court is satisfied that the person has failed to comply with an
undertaking given under section 142, the Court may-

   (a)  cancel the undertaking; or

   (b)  continue or vary the undertaking but must not extend the period of the
        undertaking; or

   (c)  revoke the order dismissing the charge and impose a fine not exceeding
        1 penalty unit.

Subdivision 4-Good Behaviour Bond