Youth Justice Act 2005

A youth breaches an order if the youth:

fails, without reasonable excuse, to comply with a term or condition of the order; or

fails to comply with the Regulations relating to the order; or

commits an offence against a law in force in the Territory or elsewhere while he or she is subject to the order; or

does an act, or omits to do an act, that comprises a breach under another provision of this Act.

The Court may, on application by the appropriate authority or prosecutor or of its own motion, make an order under this section.

Notice of the application or hearing must be given to the youth.

A justice of the peace may issue a warrant for the arrest of the youth if satisfied that:

the youth is in breach of an order; and

the youth may not appear in Court.

If the youth does not attend the hearing, the Court may issue a warrant for the arrest of the youth.

If the Court is satisfied by evidence on oath or by affidavit, or by the admission of a youth, that the youth has breached an order, the Court may:

if the order is still in force:

confirm or vary the order; or

revoke the order and deal with the youth under section 83 as if it had just found him or her guilty of the relevant offence or offences; and

if the order is no longer in force – deal with the youth under section 83 as if it had just found him or her guilty of the relevant offence or offences.

In determining how to deal with the youth under subsection (6), the Court must take into account the extent to which the youth had complied with the order before the application was made.

In dealing with a youth under this section, the Court must not impose on the youth a penalty greater than the maximum penalty it could have imposed on him or her in respect of the original offence.