Youth Justice Act 2024

An enforcement agency must not register an infringement penalty with the Director against a child for an infringement offence allegedly committed by the child when the child was 10 or 11 years of age, irrespective of whether the infringement offence is alleged to have been committed before, on or after the commencement day.

The Director must not enforce an infringement penalty registered in respect of a child for an infringement offence allegedly committed by the child when the child was 10 or 11 years of age, irrespective of whether the infringement offence is alleged to have been committed before, on or after the commencement day.

Subsection (4) applies to a proceeding under Schedule 3 of the Children, Youth and Families Act 2005 for an infringement offence if—

before the commencement day, an enforcement agency commenced a proceeding under Division 3 of Part 3 of this Act; and

the infringement offence relates to conduct allegedly engaged in by a 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 subsection applies to a proceeding, on the commencement day—

the enforcement agency must discontinue the proceeding; and

the child is, by virtue of this subsection, 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the infringement notice must be withdrawn; and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.

In this section—