QLDIn ForceAct
Youth Justice Act 1992
sec.48AReleasing children found guilty of terrorism offences or subject to Commonwealth control orders
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### sec.48A Releasing children found guilty of terrorism offences or subject to Commonwealth control orders
This section applies in relation to a child in custody in connection with a charge of an offence if the child—
has previously been found guilty of a terrorism offence; or
is or has been the subject of a Commonwealth control order.
Despite any other provision of this Act or the Bail Act 1980 , a court must not release the child from custody unless the court is satisfied exceptional circumstances exist to justify releasing the child.
In considering whether exceptional circumstances exist to justify releasing the child, the court may have regard to any relevant matter.
If the court releases the child, the order releasing the child must state the reasons for the decision.
This section does not affect the operation of section 48AAA (2) or (3) or 48AE .
s 48A ins 2019 No. 10 s 27
amd 2019 No. 23 s 11 ; 2020 No. 19 s 163
(sec.48A-ssec.1) This section applies in relation to a child in custody in connection with a charge of an offence if the child— has previously been found guilty of a terrorism offence; or is or has been the subject of a Commonwealth control order.
(sec.48A-ssec.2) Despite any other provision of this Act or the Bail Act 1980 , a court must not release the child from custody unless the court is satisfied exceptional circumstances exist to justify releasing the child.
(sec.48A-ssec.3) In considering whether exceptional circumstances exist to justify releasing the child, the court may have regard to any relevant matter.
(sec.48A-ssec.4) If the court releases the child, the order releasing the child must state the reasons for the decision.
(sec.48A-ssec.5) This section does not affect the operation of section 48AAA (2) or (3) or 48AE .
- (a) has previously been found guilty of a terrorism offence; or
- (b) is or has been the subject of a Commonwealth control order.