224Exercise of jurisdiction under pre-commencement Act

224 Exercise of jurisdiction under pre-commencement Act (1) The purpose of this section is to validate the exercise of jurisdiction by the Youth Justice Court under the pre-commencement Act in relation to declared charges, or the purported exercise of such jurisdiction.

Part 16 Provisions for Youth Justice Amendment Act 2010 Youth Justice Act 2005 133 (2) The Youth Justice Court is taken to have, and always to have had, jurisdiction under the pre-commencement Act to hear and determine, or decide not to hear, summarily all declared charges. (3) In addition to subsection (2), an exercise of jurisdiction in relation to a declared charge by the Youth Justice Court under the pre-commencement Act, or the purported exercise of such jurisdiction, is taken to be, and always to have been, valid and effective for all purposes as if exercised after the commencement of this section. (4) Subsections (2) and (3) do not apply to proceedings in relation to a declared charge allegedly committed by a particular youth if: (a) before the commencement, the Supreme Court made a decision about the jurisdiction, or want of jurisdiction, of the Youth Justice Court in relation to the declared charge; and (b) the application of the subsections in relation to the declared charge would be inconsistent with the decision of the Supreme (5) In this section: declared charge means a charge in respect of an indictable offence that, if the offence had been committed by an adult: (a) the offence would not be punishable by imprisonment for life; and (b) the adult could not consent to the charge being heard and determined summarily. exercise of jurisdiction, in relation to a declared charge, includes any of the following relating to the declared charge: (a) instituting, adjourning and continuing a proceeding; (b) issuing a warrant, summons or other process; (c) making or giving an order, direction, notice, whether by instrument or otherwise; (d) making a finding of guilt; (e) imposing a sentence; (f) doing any other act or thing under an Act.