Penalties applying to traffic offences committed by children
210 Penalties applying to traffic offences committed by children
The Local Court may deal with a child found guilty of a traffic offence in accordance with Division 4 of Part 3 of the Children (Criminal Proceedings) Act 1987.
In so dealing with a child, the Local Court has and may exercise the functions of the Children’s Court under that Division as if the Local Court were the Children’s Court and the offence were an offence to which the Division applies.
The Local Court must not impose a sentence of imprisonment on a child found guilty of a traffic offence.
In this section—
child means a person who was under 18 years when the traffic offence was committed and under 21 years when summary proceedings for the offence were commenced,
traffic offence means an offence arising under a provision of—
the road transport legislation (within the meaning of the Road Transport Act 2013) or the former road transport legislation (within the meaning of Part 2 of Schedule 4 to that Act), or
the Roads Act 1993, or
the Motor Vehicles (Third Party Insurance) Act 1942, or
the Recreation Vehicles Act 1983, or
the Motor Accidents Compensation Act 1999,
the Motor Accident Injuries Act 2017,
in respect of the use, standing or parking of a motor vehicle within the meaning of that provision.
Note.
Division 4 of Part 3 of the Children (Criminal Proceedings) Act 1987 sets out the penalties which the Children’s Court may impose on a child who has been found guilty of a summary offence.
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