40Application of Part

#### 40 Application of Part 40 Application of Part > > (1) This Part applies to a juvenile offender if the offender is under the age of 18 years when the offender first becomes eligible for parole or at any later time when the offender is considered for parole. > > > (2) This Part ceases to apply to a juvenile offender when the juvenile offender reaches the age of 18 years. > > > (3) Despite subsection (2), this Part continues to apply to a juvenile offender if— > > > > > (a) the offender reaches the age of 18 years while on parole and the birthday occurs during the last 12 weeks of the parole period, or > > > > > (a1) (Repealed) > > > > > (b) the Secretary considers that it is appropriate that the offender, or a class of offenders of which the offender is a member, continue to be dealt with under this Part. > > > (4) The provisions of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) in respect of parole apply to a juvenile offender if this Part does not apply to the offender. > > > (5) For the purposes of subsection (4)— > > > > > (a) a reference in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) to a correctional centre includes a reference to a detention centre, and > > > > > (b) a reference in a parole order to a juvenile justice officer or supervision by an officer includes a reference to a community corrections officer or supervision by such an officer under that Act, and > > > > > (c) a parole order made under this Part for an offender is taken to be a parole order made by the State Parole Authority. > > **s 40:** Am 2006 No 41, Sch 1 \[4\] \[20\]. Renumbered as sec 103, 2017 No 57, Sch 2 \[4\]. Ins 2017 No 57, Sch 2 \[3\]. Am 2018 No 29, Sch 1.2 \[1\]–\[3\]; 2019 No 20, Sch 1.3\[1\]–\[3\].