Proceeding in Children's Court to be discontinued
221 Proceeding in Children's Court to be discontinued
S. 221 inserted by No. 32/2024 s. 834.
This section applies to a proceeding commenced under Schedule 3 of the Children, Youth and Families Act 2005 in relation to an infringement offence if—
before the commencement day, a child elected under Division 7 of Part 2 of this Act to have the matter heard and determined in Children's Court; and
the infringement offence relates to conduct allegedly engaged in by the child when the child was 10 or 11 years of age; and
immediately before the commencement day, the proceeding has not been determined.
If this section applies to a proceeding, on the commencement day—
the enforcement agency must discontinue the proceeding; and
the child is, by virtue of this section, taken to be not guilty of the alleged infringement offence; and
the infringement notice must be withdrawn; and
the child is unconditionally released from any obligation to pay the infringement penalty and any related fee.
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