15 Revocation of order of transfer on escape from custody
(1) The Secretary may apply to the Magistrates' Court or the Children's Court for the revocation of an order made under an arrangement for the transfer of a young offender from Victoria to another State or a Territory.
(2) On an application under subclause (1), the Magistrates' Court or the Children's Court may revoke the order if satisfied that the young offender has, while being transferred, committed—
(a) the offence of escaping or attempting to escape; or
(b) any other offence.
(3) For the purposes of subclause (2), it does not matter whether—
(a) the offence was an offence against the law of Victoria or of the receiving State or Territory or of another State or a Territory through which the young offender was being transferred; or
(b) a charge-sheet has been filed or there has been a finding of guilt in respect of the offence or not.
16 Revocation of order of transfer by consent
(1) The Secretary may revoke an order for the transfer of a young offender from Victoria to another State or a Territory—
(a) at any time before the young offender is delivered in the receiving State or Territory into the custody specified in the arrangement; and
(b) only with the consent of the young offender and of the Minister or other person in the receiving State or Territory with whom the Secretary made the arrangement.
(2) If the Secretary revokes an order under subclause (1), the Secretary may make a further arrangement with the receiving State or Territory for the return of the young offender to Victoria.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 19 June 2024
Legislative Council: 1 August 2024
The long title for the Bill for this Act was "A Bill for an Act to provide for the reform of the youth justice system, to amend the Children, Youth and Families Act 2005 and other related Acts and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 19 June 2024
Legislative Council: 1 August 2024
Absolute majorities:
Legislative Assembly: 1 August 2024
Legislative Council: 16 August 2024
The Youth Justice Act 2024 was assented to on 10 September 2024 and comes into operation as follows:
Sections 2, 903D–904 on 11 September 2024: section 2(1AA).
Sections 1, 855–857 on 16 October 2024: Special Gazette (No. 557) 15 October 2024 page 1.
Sections 903A–903C on 2 December 2024: section 2(1A).
Sections 899–903, 907, 908 on 22 April 2025: Special Gazette (No. 149) 1 April 2025 page 1.
Sections 3–14, 66–91, 766(1)(3), 768–854, 905, 906 on 30 September 2025: section 2(2).
Sections 15–65, 92–765, 766(2), 767, 858–898, 909–1176 not yet proclaimed.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Youth Justice Act 2024 by Acts and subordinate instruments.