Children, Young Persons and Their Families and Youth Justice (Consequential Repeals and Amendments) Amendment Act 1999 (TAS)

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Children, Young Persons and Their Families and Youth Justice (Consequential Repeals and Amendments) Amendment Act 1999

An Act to amend the Children, Young Persons and Their Families and Youth Justice (Consequential Repeals and Amendments) Act 1998

[Royal Assent 24 November 1999]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Children, Young Persons and Their Families and Youth Justice (Consequential Repeals and Amendments) Amendment Act 1999 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Children, Young Persons and Their Families and Youth Justice (Consequential Repeals and Amendments) Act 1998 is referred to as the Principal Act. 4Long title amendedThe long title to the Principal Act is amended by omitting "and the Youth Justice Act 1997". 5Short title amendedSection 1 of the Principal Act is amended by omitting "and Youth Justice". 6Schedule 2 amended (Acts amended)Schedule 2 to the Principal Act is amended as follows: (a) by omitting subparagraphs (ii), (vi) and (xii) of item 2(1)(c) of the amendments relating to the Child Welfare Act 1960; (b) by omitting the amendments relating to the Commissions of Inquiry Act 1995; (c) by omitting paragraph (a) of item 1 of the amendments relating to the Coroners Act 1995; (d) by omitting paragraphs (d) and (e) of item 1 of the amendments relating to the Coroners Act 1995 and substituting the following paragraphs: (d) by omitting subparagraph (ii) from paragraph (b) of the definition of "person held in custody"; (e) by omitting "or from an institution" from paragraph (c) of the definition of "reportable death". (e) by omitting items 2, 3 and 4 of the amendments relating to the Coroners Act 1995 and substituting the following items:

2. Section 19(4)(b) is amended by omitting "or from an institution".

3. Section 24(1)(d) is amended by omitting "or from an institution".

4. Section 28(5) is amended by omitting "custody or from an institution," and substituting "custody,".

(f) by omitting item 1 of the amendments relating to the Council of Law Reporting Act 1990 and substituting the following item:

1. Section 14 is amended by omitting "section 18 of the Child Welfare Act 1960," and substituting "section 12 of the Magistrates Court (Children’s Division) Act 1998,".

(g) by omitting the amendments relating to the Criminal Code; (h) by omitting items 1 and 2 of the amendments relating to the Criminal Law (Detention and Interrogation) Act 1995; (i) by omitting the amendments relating to the Criminal Process (Identification and Search Procedures) Act 1976; (j) by omitting the amendments relating to the Jury Act 1899; (k) by omitting item 2 of the amendments relating to the Justices Act 1959 and substituting the following item:

2. Section 106E is amended as follows:

(a) by inserting “or the Magistrates Court (Children’s Division)” in subsection (4) after "(Youth Justice Division)";

(b) by inserting “or the Magistrates Court (Children’s Division)” in subsection (5) after "(Youth Justice Division)".

(l) by omitting paragraphs (b) and (d) of item 1 of the amendments relating to the Mental Health Act 1963; (m) by omitting items 4, 5, 6, 7 and 8 of the amendments relating to the Mental Health Act 1963; (n) by omitting item 1 of the amendments relating to the Police Offences Act 1935; (o) by omitting the amendments relating to the Prisoners (Interstate Transfer) Act 1982; (p) by omitting the amendments relating to the Probation of Offenders Act 1973; (q) by omitting the amendments relating to the Public Health Act 1962; (r) by omitting "and (b) are" from item 1 of the amendments relating to the Tasmanian State Service Act 1984 and substituting "is"; (s) by omitting the amendments relating to the Victims of Crime Compensation Act 1994. 7Schedule 3 amended (Statutory Rules amended)Schedule 3 to the Principal Act is amended as follows: (a) by omitting item 1 of the amendments relating to the Fire Service (Miscellaneous) Regulations 1996 and substituting the following item:

1. Schedule 2 is amended by omitting item 10.

(b) by omitting item 1 of the amendments relating to the Jury (Exemption) Regulations 1984 and substituting the following item:

1. Regulation 3 is amended by omitting paragraph (g) and substituting the following paragraph:

(g) authorised officers and facilitators, within the meaning of the Children, Young Persons and Their Families Act 1997;

[Second reading presentation speech made in:

House of Assembly on 5 OCTOBER 1999

Legislative Council on 27 OCTOBER 1999]

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