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Application of Act to youths

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Part 1Preliminary
Division 3Interpretation and application of Act

6 Application of Act to youths

(1)

Subject to a provision of this Act to the contrary, this Act applies in relation to the sentencing of a youth and the enforcement of a sentence against a youth.

(2)

However, in the event of conflict between a provision of this Act and a provision of the Young Offenders

Act 1993 or the Youth Court

Act 1993, the latter provision prevails to the extent of that conflict.

(3)

In applying a provision of this Act to a youth who is being or has been dealt with as a youth (and not as an adult)—

(a)

a reference to imprisonment is to be read as a reference to detention; and

(b)

a reference to a warrant of commitment is to be read as an order for detention; and

(c)

a reference to a prison is to be read as a reference to a training centre; and

(d)

a reference to the CE is to be read as a reference to the chief executive of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the

Youth Justice Administration

Act 2016; and

(e)

a reference to a community corrections officer is to be read as a reference to a community youth justice officer under the

Youth Justice Administration

Act 2016; and

(f)

a reference to a bond, or to entering into a bond, is to be read as a reference to an order under section 26 of the Young Offenders

Act 1993, or to becoming subject to such an order;

and

(g)

a reference to a probationer is to be read as a reference to a youth the subject of such an order; and

(h)

a reference to the Minister for Correctional Services is to be read as a reference to the Minister for Youth Justice.

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