Act has limited application to children
5 Act has limited application to children
Subject to subsections (2) and (3), this Act does not apply to a child other than to the extent it allows a child to pay a fine stated in an infringement notice for an offence in full or by instalments to an administering authority instead of being prosecuted for the offence.
If a child aged at least 16 years is served with an infringement notice for a prescribed transport offence, this Act applies to the child in relation to the offence in the same way it applies to an adult.
An enforcement order, fine collection notice or warrant may not be issued under this Act against a child except as allowed under subsection (2).
A reference in this Act to a Magistrates Court includes, in relation to a matter involving a child, a reference to the Childrens Court.
In this section—
prescribed transport offence means—
a transport demerit points offence; or
an offence against any of the following provisions of the Transport Operations (Road Use Management) Act 1995—
section 78(1);
section 78B;
section 79(2AAA) or (2AAB);
section 80(22DA);
section 84, to the extent the offence involves a bicycle or personal mobility device;
section 84AA;
section 84B;
section 93; or
an offence against either of the following provisions of the Transport Operations (Road Use Management—Road Rules) Regulation 2009—
section 151;
part 15, other than sections 246(2) and 256(2).
transport demerit points offence means an offence for which a number of demerit points may be allocated against an offender’s traffic history under a regulation under the Transport Operations (Road Use Management) Act 1995.
This Act’s bill:Explanatory memorandum
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