Youth Justice Act 2024

This section applies if an infringement penalty or part of any infringement penalty has been registered in relation to a child and—

the child has not paid the infringement penalty; and

the child has not declined to be dealt with by the registrar of the Children's Court in relation to the infringement penalty; and

the registrar has not made a CAYPINS time to pay order in relation to payment of the infringement penalty; and

either—

the child has exercised an option referred to in section 731; or

the child has not exercised an option referred to in section 731 by the date specified in the notice under section 730 and the registrar is reasonably satisfied that the child has received the notice.

The registrar of the Children's Court may adjourn or abridge the time for considering the matter on the registrar's own motion or on an application made by the child or by a person on the child's behalf.

After considering any information provided by the child, or by a person on the child's behalf, whether personally or in writing or in any other manner approved by the registrar of the Children's Court, the registrar may—

cancel the registration of the infringement penalty or part of any infringement penalty registered in relation to the child and remit the corresponding infringement notice to the enforcement agency if—

the child contests the matter of the alleged offence for which the infringement notice was issued; or

the child declines to be dealt with by the registrar of the Children's Court; or

the registrar of the Children's Court is otherwise satisfied that it is appropriate to do so; or

defer making a decision to a later date on which the child is to appear before the registrar; or

in the case of an offence against the Transport (Compliance and Miscellaneous) Act 1983 or the regulations under that Act, defer making a decision to a later date so that the child may attend a program approved under section 227A(2) of that Act; or

confirm the registered amount and order that the child pay to the Children's Court the registered amount; or

order that the registered amount be reduced and that the child pay to the Children's Court the reduced registered amount; or

if the registrar of the Children's Court is satisfied that the child has paid the registered amount, make an order confirming the infringement penalty or part of the infringement penalty; or

in the case of an offence against the Transport (Compliance and Miscellaneous) Act 1983 or the regulations under that Act, if the registrar of the Children's Court is satisfied that the child has undertaken a program approved under section 227A(2) of that Act, make a CAYPINS cancellation order in relation to the registered amount that remains unpaid; or

if the registrar of the Children's Court is satisfied on an application under section 731(3) or otherwise that it is appropriate to do so, make a CAYPINS cancellation order in relation to the registered amount that remains unpaid.

In making a decision under subsection (3), the registrar of the Children's Court must—

have regard to—

the child's employment or school attendance; and

the child's personal and financial circumstances; and

the child's special circumstances within the meaning of the Infringements Act 2006 (if applicable); and

if making an order requiring payment of an amount of money, require payment of the lowest amount that is appropriate in the circumstances; and

if making any other order, impose the least onerous penalty that is appropriate in the circumstances.

An order made under subsection (3) must not require payment of an amount exceeding the maximum fine that may be imposed by the Children's Court under section 252.

An order made under subsection (3) is taken to be an order of the Court—

in the case of an order made under subsection (3)(d) or (e), 28 days after the order is made unless an application for review is made under section 735 within that period; or

in the case of an order made under subsection (3)(f) or (g), on the day that the order is made; or

in the case of an order made under subsection (3)(h), 14 days after the order is made unless an application for review is made under section 735 within that period.

A child in relation to whom a CAYPINS enforcement order under subsection (3)(d) or (e) is made may apply for a CAYPINS time to pay order.