884CYFA youth control orders—special conditions

884 CYFA youth control orders—special conditions

(1) This section applies on or after the commencement day to a person subject to a CYFA youth control order if the Children's Court determines to vary the order—

(a) on an application under section 409N(2) of the Children, Youth and Families Act 2005, as in force immediately before the commencement day; or

(b) on its own initiative under section 409N(1) of that Act.

(2) Despite section 872, if the Children's Court determines to vary the CYFA youth control order by substituting a requirement of the order or attaching a new requirement to the order, the Court must—

(a) substitute an existing requirement with one or more special conditions or requirements specified in subsection (3); or

(b) add a requirement from one or more special conditions or requirements specified in subsection (3).

(3) The specified special conditions or requirements are—

(b) a restrictive condition; or

(c) the restorative condition.

(4) Despite section 872, in addition to the matters set out in section 409F(2) and (3) of the Children, Youth and Families Act 2005, as in force immediately before the commencement day, the Children's Court must have regard to the following matters when varying a CYFA youth control order—

(a) the person's youth control order plan within the meaning of the Children, Youth and Families Act 2005 as in force immediately before the commencement day;

(b) the person's personal circumstances;

(c) the sentencing principles.