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1M Under the Cross-border Justice Act 2008 section 14, in order to give effect to that Act, this Act must be applied with the modifications prescribed by the Cross-border Justice Regulations 2009 Part 3 Division 22 as if this Act had been altered in that way. If a modification is to replace or insert a numbered provision, the new provision is identified by the superscript 1M appearing after the provision number. If a modification is to replace or insert a definition, the new definition is identified by the superscript 1M appearing after the defined term.
1 The provisions in this Act amending those Acts have been omitted under the Reprints Act 1984 s. 7(4)(e).
2 Footnote no longer applicable.
3 The Criminal Code s. 666 was repealed by the Sentencing (Consequential Provisions) Act 1995 s. 26.
4 The Child Welfare Act 1947 was repealed by the Children and Community Services Act 2004 s. 250(1)(a).
5 The Criminal Code s. 390B was repealed by the Criminal Law Amendment (Simple Offences) Act 2004 s. 26.
6 The Criminal Law Amendment Act 1996 Pt. 6 did not come into operation and was repealed by the Criminal Law Amendment Act (No. 2) 1998 s. 7.
7 The Sentencing Legislation Amendment and Repeal Act 1999 s. 26 did not come into operation and was repealed by the Sentencing Legislation Amendment and Repeal Act 2003 s. 31.
8 The Sentencing Amendment Act 2000 Pt. 2 Div. 2 did not come into operation and was repealed by the Sentencing Legislation Amendment and Repeal Act 2003 s. 32.
9 The Inspector of Custodial Services Act 2003 s. 56(1), which gives effect to Sch. 2, reads as follows:
56. Consequential amendments to other Acts and regulations
Schedule 2 has effect.
Schedule 2 cl. 7(3) reads as follows:
Schedule 2 — Consequential amendments to Acts and regulations
[s. 56]
A person who, immediately before the commencement of this Act, was a person who had been appointed by the Governor, under the Young Offenders Act 1994 section 166, to be a visiting justice is to be regarded, on and from the commencement, as a person who is appointed by the Minister, under the Young Offenders Act 1994 section 166, as a visiting justice on the same terms and conditions as applied to the person’s appointment by the Governor.
10 The Young Offenders Amendment Act 2004 s. 6(3), which gives effect to Sch. 1, reads as follows:
6. Section 11 amended and transitional
Schedule 1 has effect.
Schedule 1 reads as follows:
Schedule 1 — Transitional
[s. 6(3)]
1. Interpretation
In this Schedule —
commencement means the day fixed as the day on which section 6 of this Act comes into operation;
principal Act means the Young Offenders Act 1994.
2. Conditions of employment of “group workers” on commencement to continue
A person who was paid by the Department as a custodial officer with primarily non‑administrative functions (group worker) immediately before commencement is, on commencement, to be taken to be appointed by the chief executive officer under section 11(1a)(a) of the principal Act (as amended by this Act), on the same terms and conditions, including as to remuneration, as those which applied to the person immediately before commencement.
A person to whom subclause (1) applies retains all existing and accruing rights and benefits as if the person’s employment, for the purposes of the principal Act, were a continuation of the person's employment immediately before commencement.
3. Conditions of employment of other employees and officers on commencement to continue
A person who was appointed by the Minister under the Act as an overseer, or as an officer or employee without custodial functions, before commencement, and who is still employed immediately before commencement, is to be regarded, on commencement, as having been appointed by the chief executive officer under section 11(1a)(b) of the principal Act (as amended by this Act), on the same terms and conditions, including as to remuneration, as those which applied to the person immediately before commencement.
A person to whom subclause (1) applies retains all existing and accruing rights and benefits as if the person’s employment, for the purposes of the principal Act, were a continuation of the person's employment immediately before commencement.
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