retrieval-0005Document excerpt 5

Page 49 Authorised by the Parliamentary Counsel [s 52] Expanding Adult Crime, Adult Time and Taking a Strong Stance on Drugs and Anti-Social Behaviour Amendment Bill 2026 Part 9 Amendment of Youth Justice Act 1992 Part 9 Amendment of Youth Justice Act 1992 52 Act amended This part amends the Youth Justice Act 1992. Note— See also the amendments in schedule 1. 53 Amendment of s 11 (Police officer to consider alternatives to proceeding against child) (1) Section 11(1)(d)— omit, insert— (d) if the offence is a minor cannabis offence and the child may be offered the opportunity to complete a drug diversion program under the Police Powers and Responsibilities Act 2000, chapter 14, part 4, division 5, subdivision 1—to offer the child the opportunity in accordance with that subdivision; (2) Section 11(8) and (9)— omit, insert— (8) If the police officer decides to act as mentioned in subsection (1)(a) or (b) in relation to a minor cannabis offence or minor drug offence, the relevant drug or medicine is forfeited to the State. Note— The Police Powers and Responsibilities Act 2000, sections 378D and 378J provide for forfeiting the relevant drug or medicine to the State— (a) for a minor cannabis offence—when the child signs a cannabis diversion agreement; or (b) for a minor drug offence—when, under the State Penalties Enforcement Act 1999, the child may no 1 2 Clause 3 4 5 6 Clause 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32

Page 50 Authorised by the Parliamentary Counsel [s 54] Expanding Adult Crime, Adult Time and Taking a Strong Stance on Drugs and Anti-Social Behaviour Amendment Bill 2026 Part 9 Amendment of Youth Justice Act 1992 longer elect to have the matter of the offence decided in a Magistrates Court or in a proceeding for the offence taken under the Drugs Misuse Act 1986, whichever is relevant. (9) In this section— dangerous drug see the Drugs Misuse Act 1986, section 4. minor cannabis offence see the Police Powers and Responsibilities Act 2000, section 378A. minor drug offence see the Police Powers and Responsibilities Act 2000, section 378F. relevant drug or medicine, in relation to an offence, means the cannabis or other dangerous drug, S4 medicine or S8 medicine the subject of the offence. S4 medicine see the Medicines and Poisons Act 2019, section 11(1)(c). S8 medicine see the Medicines and Poisons Act 2019, section 11(1)(d). 54 Amendment of s 68 (Infringement notices) Section 68— insert— (2) A reference in subsection (1) to a simple offence includes a reference to an offence mentioned in the Drugs Misuse Act 1986, section 15(1). 55 Amendment of s 168 (Meaning of eligible child) (1) Section 168(4)(a)(ii)— omit, insert— (ii) the child has both— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Clause 20 21 22 23 24 25 Clause 26 27 28 29

Page 51 Authorised by the Parliamentary Counsel [s 56] Expanding Adult Crime, Adult Time and Taking a Strong Stance on Drugs and Anti-Social Behaviour Amendment Bill 2026 Part 9 Amendment of Youth Justice Act 1992 (A) signed a cannabis diversion agreement under the Police Powers and Responsibilities Act 2000, section 378D; and (B) been given an information notice under the Police Powers and Responsibilities Act 2000, section 378H; or (iia) the child has, at any time before the commencement of the Expanding Adult Crime, Adult Time and Taking a Strong Stance on Drugs and Anti-Social Behaviour Amendment Act 2026, section 24, agreed to an offer under the Police Powers and Responsibilities Act 2000, section 379AA, as in force at that time, to participate in a drug diversion assessment program; or (2) Section 168(4)(a)(iia) and (iii)— renumber as section 168(4)(a)(iii) and (iv). (3) Section 168(5), definition prescribed diversion alternative, ‘subsection (4)(a)(i) or (ii)’— omit, insert— subsection (4)(a)(i), (ii) or (iii) 56 Amendment of s 175A (Sentence orders—significant offences to which adult penalties apply) (1) Section 175A(1), before paragraph (a)— insert— (aa) section 61(1), if the circumstance stated in paragraph (a) of the penalty for section 61(1) applies; (2) Section 175A(1)— insert— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Clause 23 24 25 26 27 28 29 30 31