624Transitional provision—Children, Youth and Families Amendment Act 2013

624 Transitional provision—Children, Youth and Families Amendment Act 2013 (1) Part 4.1 and Division 1 of Part 4.7 as amended by sections 6 and 10 of the **Children, Youth and Families Amendment Act 2013**, apply to a proceeding that commences on or after the commencement of sections 6 and 10 of that Act. (2) Part 4.1 and Division 1 of Part 4.7 of this Act as in force immediately before the commencement of sections 6 and 10 of the **Children, Youth and Families Amendment Act 2013** apply to a proceeding that had been commenced but not determined before the commencement of sections 6 and 10 of that Act. (3) Each person who holds the office of convenor immediately before the commencement of section 24 of the **Children, Youth and Families Amendment Act 2013**, continues on and from that commencement to hold office as a convenor for the purposes of Division 2 of Part 4.7. (4) Division 2 of Part 4.7 as amended by section 14 of the **Children, Youth and Families Amendment Act 2013** applies to an application referred by the Court under section 217 of this Act on or after the commencement of section 14 of that Act. (5) Division 2 of Part 4.7 as in force immediately before the commencement of section 14 of the **Children, Youth and Families Amendment Act 2013** continues to apply to a conference that had been commenced but not completed before the commencement of section 14 of that Act. (6) Subject to subsections (8) and (11), this Act as in force on or after the commencement of section 12 of the **Children, Youth and Families Amendment Act 2013** applies to a proceeding that— (a) commences on or after that commencement; or (b) had been commenced but not determined before that commencement. (7) If a notice under section 243, 268, 269, 270 or 312 had been served but not returned to the Court before the commencement of section 12 of the **Children, Youth and Families Amendment Act 2013**, on and from that commencement the notice is taken to be a notice stating that an application will be made on the date specified in the notice, unless the child is the subject of an application for a therapeutic treatment order. (8) This Act as in force immediately before the commencement of section 12 of the **Children, Youth and Families Amendment Act 2013** continues to apply to the issue and execution of a search warrant for the purpose of taking a child into safe custody that had been issued but not executed before that commencement. (9) On the execution of a search warrant referred to in subsection (8), this Act as in force on or after the commencement of section 12 of the **Children, Youth and Families Amendment Act 2013** applies to the child taken into safe custody and the making of an interim accommodation order as if the child had been placed in emergency care— (a) under section 247A(4), if the child is the subject of an application for a therapeutic treatment order; or (b) under section 242(5), in any other case. (10) If a child was taken into safe custody before the commencement of section 12 of the **Children, Youth and Families Amendment Act 2013** (with or without a warrant) and had not been brought before the Court or a bail justice before that commencement, this Act as in force on that commencement applies to the child taken into safe custody and the making of an interim accommodation order as if the child had been placed in emergency care— (a) under section 247A(4), if the child is the subject of an application for a therapeutic treatment order; or (b) under section 242(5), in any other case. (11) Section 291 as in force immediately before the commencement of section 41 of the **Children, Youth and Families Amendment Act 2013** continues to apply to an interim protection order in force immediately before the commencement of section 41 of that Act. S. 625 inserted by No. 52/2013 s. 61, repealed by No. 96/2005 s. 626, new s. 625 inserted by No. 3/2016 s. 10.