140Referred proceedings valid

140 Referred proceedings valid If proceedings are referred to the Youth Justice Court under section 137: (a) the proceedings must be dealt with under this Act from the date of referral, despite that before that date the proceedings or any part of those proceedings did not comply with this Act or that a requirement of this Act had not been complied with; and (b) the proceedings are not invalid only because, before the date of the referral, those proceedings did not comply with this Act or a requirement of this Act had not been complied with. Youth Justice Act 2005 82 Part 6AA Community youth justice officers and monitoring 140AA Community youth justice officers (1) The CEO may appoint a public sector employee to be a community youth justice officer. (2) A community youth justice officer: (a) has the following functions: (i) to prepare reports for the Court as required; (ii) to supervise a youth who is the subject of supervision under a non-custodial order; (iii) to monitor the compliance of a youth who is the subject of a monitoring order with the conditions of the order; (iv) other duties as directed by a court or the CEO; (v) any other functions conferred by this or any other Act; and (b) has the powers necessary to perform those functions and any other powers conferred by this or any other Act. (3) The CEO may exercise the powers and perform the functions of a community youth justice officer conferred by this or any other Act. non-custodial order means any of the following: (a) a monitoring order; (b) a community work order; (c) any other order made under this Act or the Sentencing Act 1995 that requires a youth to be supervised. Youth Justice Act 2005 83 140AB Approval of monitoring devices The CEO may approve a monitoring device for use to monitor the location and activities of youth who are subject to monitoring orders. 140AC Direction by community youth justice officer (1) A community youth justice officer may give a youth who is subject to a monitoring order any reasonable direction that the officer considers appropriate. (2) The direction may be about a matter dealt with in the youth's monitoring order, but the direction must not contradict the conditions of the order. (3) A failure by a youth to comply with the direction is taken to be a breach of the conditions of the monitoring order. 140AD CEO may direct use of approved monitoring device The CEO may direct a youth who is subject to a monitoring order to submit to the use of an approved monitoring device (including its attachment to the youth) to monitor the youth's compliance with the order. 140AE Compliance with monitoring order (1) This section applies in relation to a youth who is subject to a monitoring order. (2) A community youth justice officer may do one or more of the (a) enter the approved residence; (b) search the approved residence; (c) search the youth; (d) place on, or attach to, the youth an approved monitoring device; (e) at the approved residence, do either or both of the following: (i) install an approved monitoring device and related equipment; (ii) inspect or remove any installed device or equipment. Youth Justice Act 2005 84 (3) A community youth justice officer may exercise the power mentioned in subsection (2)(e)(ii) after the monitoring order has expired in order to remove a device or related equipment. approved residence, for a youth who is subject to a monitoring order, means the place at which the youth is required under the order to reside. related equipment means a thing used in connection with the effective operation of an approved monitoring device. 140AF Prescribed alcohol/drug tests (1) A community youth justice officer may direct a youth who is subject to a monitoring order to submit to: (a) a prescribed alcohol/drug test to detect the presence, or ascertain the concentration of, alcohol in the youth's body if the youth is prohibited under the order from consuming alcohol; or (b) a prescribed alcohol/drug test to detect the presence, or ascertain the concentration of, a restricted drug in the youth's body if the youth is prohibited under the order from using a restricted drug. (2) If a youth is required under this Division to submit to a prescribed alcohol/drug test, the youth must: (a) give to a prescribed sampler, or allow a prescribed sampler to take, (as the case requires) a sample of breath or a bodily substance that is sufficient for the purposes of the test; and (b) comply with any reasonable direction of the sampler. Note for subsection (2) Tampering with a sample may constitute an offence against section 140AG. (3) If a youth does not submit to a test as required under subsection (2): (a) the prescribed sampler may take the required sample without the youth's consent; and Youth Justice Act 2005 85 (b) a police officer may assist to enable the test to be conducted, including by doing either or both of the following: (i) taking the youth to a place where the required sample can be taken; (ii) assisting a prescribed sampler to obtain the required sample. (4) In providing the assistance, the police officer may use the force that is reasonably necessary. Note for subsection (4) (5) A sample of breath or a bodily substance given or taken for a prescribed alcohol/drug test is the property of the Territory. (6) Regulations may prescribe one or more of the following: (a) alcohol/drug tests for use under this Division; (b) persons who are prescribed samplers for a prescribed alcohol/drug test; (c) matters in relation to the carrying out of a prescribed alcohol/drug test. alcohol/drug test means a test under which a sample of a person's breath, blood, saliva, urine or another bodily substance is tested or analysed to detect the presence, or ascertain the concentration of, alcohol or a restricted drug. 140AG Tampering with test samples A person commits an offence if the person tampers with a sample of breath or a bodily substance given or taken for the purposes of a prescribed alcohol/drug test. 140AH Evidentiary matters in relation to prescribed alcohol/drug tests (1) This section applies for the purposes of legal proceedings arising out of the operation of this Act in which the carrying out or results of a prescribed alcohol/drug test are relevant. Youth Justice Act 2005 86 (2) If a prescribed alcohol/drug test detects: (a) the presence of alcohol in a sample of a youth's breath; or (b) the presence of alcohol or a restricted drug in a youth's body; the youth is taken to have consumed or used alcohol or the drug, unless the contrary is proved. (3) A certificate signed by a prescribed certifier stating matters relating to a certifiable matter is evidence of the matters stated in the certificate and the facts on which they are based. certifiable matter, for a prescribed certifier, means a matter relating to a prescribed alcohol/drug test that is specified in the regulations as a matter in relation to which the certifier may issue an evidentiary certificate. prescribed certifier means a person prescribed by regulation as a person who may issue an evidentiary certificate.