Children's Services (Amendment) Act 1998 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Children’s Services (Amendment) Act 1998

No. 27 of 1998

An Act to amend the Children’s Services Act 1986

[Notified in ACT Gazette S190: 10 July 1998]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Short title

   This Act may be cited as the Children’s Services (Amendment) Act 1998.

2. Commencement

3. Section 1 and this section commence on the day on which this Act is notified in the Gazette.

4. The remaining provisions commence on the day on which the Magistrates Court (Amendment) Act 1998, other than sections 1 and 2, commences.

5. Principal Act

   In this Act, “Principal Act” means the Children’s Services Act 1986.1

6. Fines and like orders

   Section 52 of the Principal Act is amended—

   (a)by omitting subsection (1) and substituting the following subsection:

   “(1)  In this section—

   ‘fine’ has the same meaning as in Division 2 of Part IX of the Magistrates Court Act 1930.”;

   (b)by omitting from subsection (3) all the words from and including “by order—” and substituting “by order, allow time for the payment of the fine.”; and

   (c)by omitting subsection (4).

7. Breach of certain orders for reparation or compensation

   Section 53 of the Principal Act is amended by omitting from subsection (1) all the words before “the Court” (first occurring) and substituting:

   “Where—

   (a)an order is made under paragraph 47 (1) (f) in favour of a person other than the Territory; and

   (b)the child in respect of whom the order is made fails to obey the order;”.

8. Enforcement of payment of fines etc.

   Section 54 of the Principal Act is amended—

   (a)by omitting subsection (1) and substituting the following subsection:

   “(1)  In this section—

   ‘fine’ and ‘outstanding fine’ have the same respective meanings as in Division 2 of Part IX of the Magistrates Court Act 1930.”; and

   (b)by omitting subsections (5) and (6) and substituting the following subsections:

   “(5)  The Registrar shall, by warrant, commit a child to an institution or State institution in a specified State or Territory if—

   (a)the Registrar is satisfied that all reasonable action has been taken under Division 2 of Part IX of the Magistrates Court Act 1930 to secure payment of an outstanding fine payable by a child and there is no reasonable likelihood of the fine being paid; and

   (b)the outstanding fine has not been remitted under section 159 of the Magistrates Court Act 1930.

   “(6)  The period for which the child is to be committed to an institution or State institution shall be the lesser of—

   (a)a period calculated at the rate of 1 day for each $100, or part of $100, of the outstanding fine; or

   (b)30 days.”.

9. Application

   Section 54 of the Principal Act as amended by this Act applies only in relation to a fine imposed on or after the commencement of section 6.

NOTE

Principal Act

1. Reprinted as at 30 November 1996.  See also Acts Nos. 41, 85, 96 and 113, 1997.

[Presentation speech made in Assembly on 30 April 1998]

©  Australian Capital Territory 1998