Arrangement for detainee to be held in youth justice custodial centre

Current

(1)

In the heading to section 13WA of the Terrorism (Community Protection) Act 2003, for "facility" substitute "custodial centre".

(2)

In section 13WA(1), (3A) and (8) of the Terrorism (Community Protection) Act 2003, for "facility" (where twice occurring) substitute "custodial centre".

(3)

In section 13WA(3) of the Terrorism (Community Protection) Act 2003, for "facility" substitute "custodial centre".

(4)

In the note at the foot of section 13WA(3A) of the Terrorism (Community Protection) Act 2003, for "section 483(1) and (1A) of the Children, Youth and Families Act 2005" substitute "section 460 of the Youth Justice Act 2024".

(5)

In section 13WA(4) of the Terrorism (Community Protection) Act 2003, for "facility" (wherever occurring) substitute "custodial centre".

(6)

For section 13WA(5) of the Terrorism (Community Protection) Act 2003 substitute—

"(5) No provision of the Youth Justice Act 2024 applies in respect of the detention of a person in a youth justice custodial centre or a police gaol under a preventative detention order or an order for the person's detention made under a corresponding preventative detention law other than the following provisions of that Act—

(a)

Part 1.3;

(b)

section 33;

(c)

Parts 10.1 and 10.2;

(d)

section 460;

(e)

section 462;

(f)

section 464;

(g)

section 465;

(h)

section 474(1), except—

(i)

paragraph (e) to the extent that the paragraph applies to discriminatory treatment that is reasonable and necessary having regard to the nature of the child's detention; and

(ii)

paragraph (f);

(i)

Division 2 of Part 10.4;

(j)

Division 4 of Part 10.4;

(k)

Division 5 of Part 10.4;

(l)

section 514;

(m)

sections 521, 523 and 525;

(n)

section 527;

(o)

Part 10.5;

(p)

Part 11.1;

(q)

Part 14.2;

(r)

Chapter 15;

(s)

Part 18.2.".

(7)

In section 13WA(6) of the Terrorism (Community Protection) Act 2003—

(a)

for "Children, Youth and Families Act 2005" substitute "Youth Justice Act 2024";

(b)

for "facility" substitute "custodial centre or police gaol".

(8)

For section 13WA(7) of the Terrorism (Community Protection) Act 2003 substitute—

"(7) The Youth Justice Act 2024, in its application in respect of the detention of a person in a youth justice custodial centre or police gaol under a preventative detention order or an order for the person's detention made under a corresponding preventative detention law, has effect subject to this Part and to the terms of the order under which the person is detained and, in the event of any inconsistency between that Act and this Part or the order, this Part or the order (as the case requires) prevails over that Act.".

(9)

In section 13WA(8) of the Terrorism (Community Protection) Act 2003—

(a)

for "facility" (where first occurring) substitute "custodial centre";

(b)

for "facility" (where secondly occurring) substitute "centre".

This Act’s bill:Explanatory memorandum Second reading speech

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.

1162 Arrangement for detainee to be held in youth justice custodial centre