sec.175ASentence orders—significant offences to which adult penalties apply

### sec.175A Sentence orders—significant offences to which adult penalties apply This section applies if a court is sentencing a child for an offence against any of the following provisions of the Criminal Code — section 69 ; section 75 ; sections 302 and 305 ; sections 303 and 310 ; section 306 ; section 307 ; section 313 (2) ; section 314A ; section 317 ; section 320 ; section 320A ; section 323 ; section 328A ; section 328C ; section 328D ; section 340 ; section 349 ; section 350 ; section 351 ; section 352 , if the circumstance stated in section 352 (2) or (3) applies; section 354 ; section 354A ; section 355 ; section 398 , if item 12 or 15 applies; section 408A ; sections 409 and 411 ; section 412 , if the circumstance stated in section 412 (2) or (3) applies; section 419 ; section 421 ; section 427 ; section 461 ; section 462 . Also, this section applies if a court is sentencing a child for an offence against the Drugs Misuse Act 1986 , section 5 . Also, this section applies if a court is sentencing a child for an offence against any of the following provisions of the Weapons Act 1990 — section 56A ; section 67A . The court may— order that the child be placed on probation for a period not longer than 3 years; or order that the child be detained for a period not more than— if the court is not constituted by a judge—3 years; or if the court is constituted by a judge—the maximum term of imprisonment that an adult convicted of the offence could be ordered to serve. Section 155 does not apply to the court. A requirement under the Criminal Code that a term of imprisonment must be the penalty, or a part of the penalty, for the offence is taken to be a requirement that a period of detention must be the penalty, or a part of the penalty, for the offence. A requirement under the Criminal Code that a minimum term of imprisonment must be served for the offence is taken to be a requirement that a minimum period of detention must be served for the offence. The court may make a detention order— with or without a conditional release order under section 220 ; and if section 234 applies—with or without an order under that section. If the court is sentencing the child to detention for life on a conviction of murder— the Criminal Code , section 305 (2) , (3) and (4) applies; and for that purpose, a reference in the Criminal Code , section 305 to imprisonment is taken to be a reference to detention. For the child’s parole eligibility, see section 233 of this Act and the Corrective Services Act 2006 , section 181 . Section 175 (1) (da) and (db) does not apply to the court. If the offence is a prescribed offence under the Penalties and Sentences Act 1992 , section 108A , then part 5 , division 2 , subdivision 2 of that Act applies— as if a reference in that subdivision to a community service order were a reference to a community service order under this Act; and as if a reference in that subdivision to a graffiti removal order were a reference to a graffiti removal order under this Act; and as if a reference in that subdivision to the period mentioned in section 103 (2) (b) of that Act were a reference to the period within which the number of hours stated in the community service order must be performed under this Act; and as if a reference in that subdivision to serving a term of imprisonment in a corrective services facility were a reference to serving a period of detention. Section 195 (a) does not apply to the making of a community service order under subsection (9) but subsection (9) applies subject to section 195 (b) and (c) . This section— applies despite anything else in this Act; and subject to subsection (8) , does not limit a court’s power to make an order under section 175 . For the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that this section has effect— despite being incompatible with human rights; and despite anything else in the Human Rights Act 2019 . Under the Human Rights Act 2019 , section 45 (2) , this subsection expires 5 years after the commencement. s 175A ins 2024 No. 54 s 19 amd 2025 No. 10 s 5 ; 2026 No. 4 s 117 (12) exp 13 December 2029 (see s 175A(12)) (sec.175A-ssec.1) This section applies if a court is sentencing a child for an offence against any of the following provisions of the Criminal Code — section 69 ; section 75 ; sections 302 and 305 ; sections 303 and 310 ; section 306 ; section 307 ; section 313 (2) ; section 314A ; section 317 ; section 320 ; section 320A ; section 323 ; section 328A ; section 328C ; section 328D ; section 340 ; section 349 ; section 350 ; section 351 ; section 352 , if the circumstance stated in section 352 (2) or (3) applies; section 354 ; section 354A ; section 355 ; section 398 , if item 12 or 15 applies; section 408A ; sections 409 and 411 ; section 412 , if the circumstance stated in section 412 (2) or (3) applies; section 419 ; section 421 ; section 427 ; section 461 ; section 462 . (sec.175A-ssec.1A) Also, this section applies if a court is sentencing a child for an offence against the Drugs Misuse Act 1986 , section 5 . (sec.175A-ssec.1B) Also, this section applies if a court is sentencing a child for an offence against any of the following provisions of the Weapons Act 1990 — section 56A ; section 67A . (sec.175A-ssec.2) The court may— order that the child be placed on probation for a period not longer than 3 years; or order that the child be detained for a period not more than— if the court is not constituted by a judge—3 years; or if the court is constituted by a judge—the maximum term of imprisonment that an adult convicted of the offence could be ordered to serve. (sec.175A-ssec.3) Section 155 does not apply to the court. (sec.175A-ssec.4) A requirement under the Criminal Code that a term of imprisonment must be the penalty, or a part of the penalty, for the offence is taken to be a requirement that a period of detention must be the penalty, or a part of the penalty, for the offence. (sec.175A-ssec.5) A requirement under the Criminal Code that a minimum term of imprisonment must be served for the offence is taken to be a requirement that a minimum period of detention must be served for the offence. (sec.175A-ssec.6) The court may make a detention order— with or without a conditional release order under section 220 ; and if section 234 applies—with or without an order under that section. (sec.175A-ssec.7) If the court is sentencing the child to detention for life on a conviction of murder— the Criminal Code , section 305 (2) , (3) and (4) applies; and for that purpose, a reference in the Criminal Code , section 305 to imprisonment is taken to be a reference to detention. For the child’s parole eligibility, see section 233 of this Act and the Corrective Services Act 2006 , section 181 . (sec.175A-ssec.8) Section 175 (1) (da) and (db) does not apply to the court. (sec.175A-ssec.9) If the offence is a prescribed offence under the Penalties and Sentences Act 1992 , section 108A , then part 5 , division 2 , subdivision 2 of that Act applies— as if a reference in that subdivision to a community service order were a reference to a community service order under this Act; and as if a reference in that subdivision to a graffiti removal order were a reference to a graffiti removal order under this Act; and as if a reference in that subdivision to the period mentioned in section 103 (2) (b) of that Act were a reference to the period within which the number of hours stated in the community service order must be performed under this Act; and as if a reference in that subdivision to serving a term of imprisonment in a corrective services facility were a reference to serving a period of detention. (sec.175A-ssec.10) Section 195 (a) does not apply to the making of a community service order under subsection (9) but subsection (9) applies subject to section 195 (b) and (c) . (sec.175A-ssec.11) This section— applies despite anything else in this Act; and subject to subsection (8) , does not limit a court’s power to make an order under section 175 . (sec.175A-ssec.12) For the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that this section has effect— despite being incompatible with human rights; and despite anything else in the Human Rights Act 2019 . Under the Human Rights Act 2019 , section 45 (2) , this subsection expires 5 years after the commencement. - (a) section 69 ; - (b) section 75 ; - (c) sections 302 and 305 ; - (d) sections 303 and 310 ; - (e) section 306 ; - (f) section 307 ; - (g) section 313 (2) ; - (h) section 314A ; - (i) section 317 ; - (j) section 320 ; - (k) section 320A ; - (l) section 323 ; - (m) section 328A ; - (n) section 328C ; - (o) section 328D ; - (p) section 340 ; - (q) section 349 ; - (r) section 350 ; - (s) section 351 ; - (t) section 352 , if the circumstance stated in section 352 (2) or (3) applies; - (u) section 354 ; - (v) section 354A ; - (w) section 355 ; - (x) section 398 , if item 12 or 15 applies; - (y) section 408A ; - (z) sections 409 and 411 ; - (za) section 412 , if the circumstance stated in section 412 (2) or (3) applies; - (zb) section 419 ; - (zc) section 421 ; - (zd) section 427 ; - (ze) section 461 ; - (zf) section 462 . - (a) section 56A ; - (b) section 67A . - (a) order that the child be placed on probation for a period not longer than 3 years; or - (b) order that the child be detained for a period not more than— (i) if the court is not constituted by a judge—3 years; or (ii) if the court is constituted by a judge—the maximum term of imprisonment that an adult convicted of the offence could be ordered to serve. - (i) if the court is not constituted by a judge—3 years; or - (ii) if the court is constituted by a judge—the maximum term of imprisonment that an adult convicted of the offence could be ordered to serve. - (i) if the court is not constituted by a judge—3 years; or - (ii) if the court is constituted by a judge—the maximum term of imprisonment that an adult convicted of the offence could be ordered to serve. - (a) with or without a conditional release order under section 220 ; and - (b) if section 234 applies—with or without an order under that section. - (a) the Criminal Code , section 305 (2) , (3) and (4) applies; and - (b) for that purpose, a reference in the Criminal Code , section 305 to imprisonment is taken to be a reference to detention. - (a) as if a reference in that subdivision to a community service order were a reference to a community service order under this Act; and - (b) as if a reference in that subdivision to a graffiti removal order were a reference to a graffiti removal order under this Act; and - (c) as if a reference in that subdivision to the period mentioned in section 103 (2) (b) of that Act were a reference to the period within which the number of hours stated in the community service order must be performed under this Act; and - (d) as if a reference in that subdivision to serving a term of imprisonment in a corrective services facility were a reference to serving a period of detention. - (a) applies despite anything else in this Act; and - (b) subject to subsection (8) , does not limit a court’s power to make an order under section 175 . - (a) despite being incompatible with human rights; and - (b) despite anything else in the Human Rights Act 2019 .