Div 3ADirections relating to firearms etc

Division 3A—Directions relating to firearms etc 42A—Training Centre Review Board may direct youth to surrender firearm etc (1) The Training Centre Review Board may, in relation to the release from detention of a youth that is subject to the condition imposed by section 41A(2)(c)(iia) or (3)(c)(iia), direct the youth to surrender forthwith at a police station specified by the Training Centre Review Board any firearm, ammunition or part of a firearm owned or possessed by the defendant. (2) A youth who refuses or fails to comply with a direction under subsection (1) is guilty of an offence. Maximum penalty: $10 000 or imprisonment for 2 years. (3) No criminal liability attaches to a person to the extent that he or she is complying with a direction under this section. (4) The Commissioner of Police must deal with any surrendered firearm, ammunition or part of a firearm in accordance with the scheme set out in the regulations. (5) No compensation is payable by the Crown or any other person in respect of the exercise of a function or power under this section. (6) The regulations may provide for the payment, recovery or waiver of fees in respect of this section. Division 4—Terror suspects 43—Special procedures for terror suspects (1) Despite any other provision of this Part, a decision of the Youth Parole Board relating to a youth who is a terror suspect is of no effect unless it is confirmed by the designated member in accordance with this section. (2) The designated member must, before confirming a decision relating to a youth who is a terror suspect, invite a terrorism intelligence authority to make submissions to the designated member in relation to the proposed decision. (3) The designated member— (a) must not confirm a decision of the Board to release a youth who is a terror suspect from detention unless the designated member determines that there are special circumstances justifying the youth's release; and (b) must not confirm any other decision of the Board relating to a youth who is a terror suspect unless the designated member is satisfied that the decision is appropriate in all the circumstances. (4) The designated member may determine to— (a) confirm a decision of the Board (in which case the decision of the Board is taken to have effect immediately); or (b) reject a decision of the Board and substitute the designated member's own decision (in which case the Board is taken to have made the decision as so substituted and that decision is taken to have effect immediately); or (c) refer the matter back to the Board for a further decision with any recommendations the designated member thinks fit (in which case any further decision of the Board will be subject to the requirement for confirmation under this section in the same way as the decision at first instance). (5) The designated member is not required to provide to the youth any grounds or reasons for a determination under this section. (6) Information forming the basis for the making of a determination under this section must not be disclosed to any person (except to the Attorney‑General, a court or a person to whom a terrorism intelligence authority authorises its disclosure) if, at the time at which the question of disclosure is to be decided, the information is properly classified by the terrorism intelligence authority as terrorism intelligence under section 74B of the Police Act 1998 (whether or not the information was so classified at the time at which the determination under this section was made). Division 5—Escape from custody 48—Escape from custody (1) A youth who is subject to detention— (a) who escapes from a training centre or from any person who has the lawful custody of the youth; or (b) who is otherwise unlawfully at large, is guilty of an offence. Maximum penalty: Detention for 6 months. (2) A term of detention to which a youth is sentenced for an offence against this section must be served immediately and any other detention or imprisonment to which the youth is liable is suspended while that term is being served. (3) If the youth is in prison at the time at which a sentence imposed under this section is due to commence, the sentence must be served in prison. (4) A youth is not, while unlawfully at large, serving his or her sentence of detention. (5) For the purposes of this section, a youth is subject to detention if the youth— (a) is subject to detention in a training centre or other place (not being a prison) by order of a court; or (b) is in the custody of an escort under Division 4. (6) This section does not apply to— (a) a youth serving a sentence of home detention; or (b) a youth who has been released on home detention by the Training Centre Review Board in accordance with section 41; or (c) a youth subject to a detention order under Part 7A of the Controlled Substances Act 1984.