Children, Young Persons and Their Families and Youth Justice (Transitional and Savings Provisions) Amendment Act (No. 2) 1999 (TAS)

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Children, Young Persons and Their Families and Youth Justice (Transitional and Savings Provisions) Amendment Act (No. 2) 1999

An Act to amend the Children, Young Persons and Their Families and Youth Justice (Transitional and Savings Provisions) 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 (Transitional and Savings Provisions) Amendment Act (No. 2) 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 (Transitional and Savings Provisions) Act 1998 is referred to as the Principal Act. 4Section 1 amended (Short title)Section 1 of the Principal Act is amended by omitting "and Youth Justice". 5Section 3 amended (Interpretation of Part 2 ) Section 3 of the Principal Act is amended as follows: (a) by omitting paragraph (a) from subsection (2) ; (b) by omitting paragraph (d) from subsection (2) ; (c) by inserting the following paragraph after paragraph (e) in subsection (2) : (ea) institution; (d) by omitting paragraph (g) from subsection (2) ; (e) by omitting paragraph (b) from subsection (3) ; (f) by omitting paragraphs (d) , (e) and (f) from subsection (3) . 6Section 4 amended (Interpretation of continuing document) Section 4(2) of the Principal Act is amended as follows: (a) by omitting from paragraph (b) "or a probation officer"; (b) by omitting from paragraph (b) "a youth justice worker or an employee of the Department, as the case requires" and substituting "an employee of the Department"; (c) by omitting from paragraph (d) “(Youth Justice Division) or the Magistrates Court (Children’s Division), as the case requires” and substituting “(Children’s Division)”. 7Section 6 amended (Transfer of child welfare officers) Section 6 of the Principal Act is amended by omitting "or the Youth Justice Act 1997 , as determined by the Secretary by notice provided to the person". 8Section 8 amended (Publication of proceedings) Section 8 of the Principal Act is amended by omitting paragraph (a) . 9Sections 9 and 10 repealedSections 9 and 10 of the Principal Act are repealed. 10Sections 12 and 13 repealed Sections 12 and 13 of the Principal Act are repealed. 11Sections 16, 17 and 18 repealedSections 16, 17 and 18 of the Principal Act are repealed. 12Section 22 repealed Section 22 of the Principal Act is repealed. 13Sections 26 and 27 repealedSections 26 and 27 of the Principal Act are repealed. 14Section 28 amended (Summons or warrant issued in respect of guardian) Section 28 of the Principal Act is amended by omitting subsection (1) . 15Section 29 amended (Report of child welfare officer) Section 29 of the Principal Act is amended by omitting subsection (1) . 16Sections 31 and 32 repealedSections 31 and 32 of the Principal Act are repealed. 17Section 39 amended (Reference in Act to Child Welfare Act 1960 ) Section 39 of the Principal Act is amended as follows: (a) by omitting from subsection (1) " Youth Justice Act 1997 or the"; (b) by omitting from subsection (2) " Youth Justice Act 1997 or the"; (c) by omitting from subsection (2) ", as the case requires". 18Section 75A insertedAfter section 75 of the Principal Act , the following section is inserted in Part 4: 75ADelegation A delegation made by the Director in the administration of the Principal Act that is in effect immediately before the commencement day is taken to have been made by the Secretary. 19Section 79 amended (Service) Section 79 of the Principal Act is amended as follows: (a) by inserting in subsection (3) “children’s” after "document filed with or otherwise provided to the"; (b) by inserting in subsection (4) “children’s” after "day by the". 20Section 81 repealed Section 81 of the Principal Act is repealed. 21Section 83 amended (Transitional and savings regulations) Section 83(1) of the Principal Act is amended by omitting paragraph (b) . 22SubstitutionsEach of the provisions of the Principal Act specified in Column 1 of Schedule 1 is amended by omitting "Children, Young Persons and Their Families and Youth Justice (Consequential Repeals and Amendments) Act 1998" on the number of occurrences specified in Column 2 of that Schedule and substituting " Children, Young Persons and Their Families (Consequential Repeals and Amendments) Act 1998 ". Schedule 1Substitutions

Section 22

Column 1

Provision amended

Column 2

Number of occurrences

Section 39(1)

1

Section 39(2)

1

Section 59(4)

1

Section 67

1

Section 83(1)(d)

1

[Second reading presentation speech made in:

House of Assembly on 5 OCTOBER 1999

Legislative Council on 27 OCTOBER 1999]

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