Prostitution Act 2000

No restraining order is to be made against a child whose age is less than 10 years.

In an application to vary or cancel a restraining order against a child, section 45 of the Young Offenders Act 1994 applies as if the matter were proceedings for an offence.

If the Children’s Court hears an application for a restraining order under section 38 against a person or an application to vary or cancel a restraining order against a person in the belief that the person is a child when in fact the person is not a child —

as soon as it becomes aware the person is not a child, the Children’s Court is to transfer the matter to the Magistrates Court; and

the Children’s Court proceedings are not, for that reason, invalidated; and

an order made by the Children’s Court before it became aware the person was not a child, is as valid and has the same effect as if it had been made by the Magistrates Court.

If the Magistrates Court hears an application for a restraining order under section 38 against a person or an application to vary or cancel a restraining order against a person in the belief that the person is not a child when in fact the person is a child —

as soon as it becomes aware the person is a child, the Magistrates Court is to transfer the matter to the Children’s Court; and

the Magistrates Court proceedings are not, for that reason, invalidated; and

an order made by the Magistrates Court before it became aware the person was a child, is as valid and has the same effect as if it had been made by the Children’s Court.

If a court transfers a matter to another court under this section, the registrar of each court is to give effect to the transfer.