831New section 201C inserted

831 New section 201C inserted

After section 201B of the Fines Reform Act 2014 insert—

"201C Transitional provision—Youth Justice Act 2024

(1) An enforcement agency must not register an infringement penalty with the Director against a child for an infringement offence allegedly committed by the child when the child was 10 or 11 years of age, irrespective of whether the infringement offence is alleged to have been committed before, on or after the commencement day.

(2) The Director must not enforce an infringement penalty registered in respect of a child for an infringement offence allegedly committed by the child when the child was 10 or 11 years of age, irrespective of whether the infringement offence is alleged to have been committed before, on or after the commencement day.

(3) Subsection (4) applies to a proceeding under Schedule 3 of the Children, Youth and Families Act 2005 for an infringement offence if—

(a) before the commencement day, an enforcement agency commenced a proceeding under Division 3 of Part 3 of this Act; and

(b) the infringement offence relates to conduct allegedly engaged in by a child when the child was 10 or 11 years of age; and

(c) immediately before the commencement day, the proceeding has not been determined.

(4) If this subsection applies to a proceeding, on the commencement day—

(a) the enforcement agency must discontinue the proceeding; and

(b) the child is, by virtue of this subsection, taken to be not guilty of the alleged infringement offence; and

(c) the infringement notice must be withdrawn; and

(d) the child is unconditionally released from any obligation to pay the infringement penalty and any related fee.

commencement day means the day on which Part 19.9 of the Youth Justice Act 2024 comes into operation.".

Part 19.10—Amendment of Independent Broad-based Anti-corruption Commission Act 2011