YOUTH JUSTICE (CONSEQUENTIAL AMENDMENTS) BILL (NO.2) 2005

SERIAL NO.11

EXPLANATORY STATEMENT

GENERAL OUTLINE

The Youth Justice (Consequential Amendments) Bill (No.2) 2005 is to amend various Acts and subordinate legislation consequent on the enactment of the Youth Justice Act (No.2) 2005.

NOTES ON CLAUSES

Clause 1.	Short Title

This is a formal clause which provides for the citation of the Bill.  The Bill, when passed, may be cited as the Youth Justice (Consequential Amendments) Act 2005.

Clause 2.	Commencement

The Act will come into operation on the commencement of the Youth Justice Act 2005.

Clause 3.	Amendments of Justices Act

This clause repeals two sections of the Justices Act (sections 123A and 161) which provided for the summary trial of children and which have no operation in view of the specific Youth Justice Act dealing with youth.

Clause 4.	Amendments of Police Administration Act

This clause amends certain sections of the Police Administration Act.  The amendments to section 14A and Division 2B of Part VII are because the diversion provisions are now in the Youth Justice Act and the repeal of section 145B(3) is because voluntary non-intimate procedures for youth are now provided for in the Youth Justice Act.  Other amendments correct terminology and section references – the Youth Justice Act instead of the Juvenile Justice Act and “youth” instead of “juvenile”. 

Clause 5.	Amendments of other laws

This clause provides for the laws specified in the Schedule to be amended, as a consequence of the enactment of the Youth Justice Act, as set out in the Schedule.  The amendments are generally to correct terminology, although the amendment to section 4 of the Sentencing Act makes it clear that the Supreme Court can exercise powers under either the Sentencing Act or the Youth Justice Act.

Clause 6.	Amendment by regulation or rule authorised

This clause provides that a regulation or rule amended by the Schedule (being the amendments to the Bail Regulations, the Uncollected Goods Regulations and the Supreme Court Rules in the Schedule) can subsequently be amended or repealed as if the amendment had been made by a regulation or rule.

Clause 7.	Expiry of Act

This clause provides for the expiry of this Act on the day after commencement of the Youth Justice Act 2005.