1175Meaning of *child*

1175 Meaning of *child*

For section 4(3) of the Youth Justice Act 2024 substitute—

"(3) A person is excluded if the person is 19 years of age or over—

(a) at the time of the commencement of the proceeding for the offence or alleged offence; or

(b) if the offence is an infringement offence—

(i) at the time of the commencement of the proceeding for the offence; or

(ii) at the time the enforcement agency gives the registration document and registration certificate to a registrar under section 725—

whichever is earlier.

(4) To avoid doubt, in this Act, child includes—

(a) in relation to an order or sentence imposed under Chapter 7, a person who is 18 years of age or over and subject to that order or sentence; and

(b) in relation to an appeal under Chapter 8, a person who is 18 years or over at the time of the appeal or any time during the appeal; and

(c) a person who is held in custody in a youth justice custodial centre under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; and

(d) a person who is under 18 years of age and detained in a youth justice custodial centre under Part 2AA or 2A of the Terrorism (Community Protection) Act 2003 or under a corresponding preventative detention law within the meaning of that Act.

This Act applies subject to sections 13AS and 13WA of the Terrorism (Community Protection) Act 2003.

(5) Despite subsection (2), in Chapter 11, child does not include a person who—

(a) is held in a police gaol for one or more offences; and

(b) was 18 years of age or over at the time of the commission of at least one of those offences.".

Part 23.47—Repeal of this Chapter