Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT (VICTIMS OF CRIME ASSISTANCE AND OTHER MATTERS) ACT 2010 (NO. 18 OF 2010) - SECT 42

See:
Act No.
12/2006.
Reprint No. 2
as at
1 July 2008
and amending
Act Nos
30/2007, 44/2008, 68/2009 and 87/2009.
LawToday:
www.
legislation.
vic.gov.au

After section 40 of the Infringements Act 2006 insert —

        " 40AA     Decision to go to Court—children

    (1)     If—

        (a)     a child elects under this Part to have the matter of an infringement offence that is a summary offence heard and determined in the Children's Court; or

        (b)     an enforcement agency withdraws an infringement notice issued in respect of a summary offence for the matter to be dealt with in the Children's Court—

the enforcement agency may file a charge-sheet in the Children's Court in respect of the offence for which the infringement notice was issued not later than 6 months after the date on which the election is made or the infringement notice is withdrawn or 12 months after the date of the alleged offence (whichever is the earlier).

    (2)     Subsection (1) has effect despite section 344A of the Children, Youth and Families Act 2005 or any other provision of any Act or other instrument providing for the period during which proceedings must be commenced for an offence alleged to have been committed.".