Young Offenders Variation Regulations 2013 (SA)

South Australia

Young Offenders Variation Regulations 2013

under the Young Offenders Act 1993

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Young Offenders Regulations 2008

4            Insertion of Regulation 11

11          Dealing with surrendered items

Part 1—Preliminary

1—Short title

These regulations may be cited as the Young Offenders Variation Regulations 2013.

2—Commencement

These regulations will come into operation on the day on which Part 7 of the Statutes Amendment (Serious Firearm Offences) Act 2012 comes into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Young Offenders Regulations 2008

4—Insertion of Regulation 11

After regulation 10 insert:

11—Dealing with surrendered items

(1)For the purposes of section 41D(4) of the Act, the Commissioner of Police must deal with a surrendered item in accordance with this regulation.

(2)A surrendered item that is a prohibited weapon (within the meaning of the Summary Offences Act 1953), or that is an item that cannot otherwise be lawfully possessed in this State, is, by force of this subregulation, forfeited to the Crown.

(3)The Commissioner of Police must retain a surrendered item (other than a surrendered item forfeited under subregulation (2)) in a location determined by the Commissioner of Police until—

(a)the surrendered item is forfeited to the Crown under this or any other Act; or

(b)the surrendered item is returned in accordance with this regulation to the youth who surrendered it; or

(c)the surrendered item is seized or surrendered under the provisions of another Act,

whichever occurs first.

(4)If the condition imposed under section 37(3a)(a) on the release on licence, or under section 41A(2)(c)(iia) or 41A(3)(c)(iia) on the conditional release from detention, of the youth who surrendered the surrendered item is revoked, or the youth is discharged from detention absolutely, the youth may notify the Commissioner of Police of that fact.

(5)Subject to this regulation, if the Commissioner of Police—

(a)is notified pursuant to subregulation (4); or

(b)otherwise becomes aware that the release on licence or conditional release from detention of the youth is no longer subject to the condition imposed under section 37(3a)(a), 41A(2)(c)(iia) or 41A(3)(c)(iia) (as the case requires), or the youth is discharged from detention absolutely,

the Commissioner of Police must cause the surrendered item to be returned to the youth who surrendered the item.

(6)If the Commissioner of Police is required to return a surrendered item under subregulation (5), the Commissioner of Police must give notice in writing to the youth who surrendered the item setting out—

(a)that the surrendered items specified in the notice are to be returned to the youth; and

(b)the location at which the surrendered items may be collected; and

(c)that the surrendered items must be collected from the specified location within 3 months of the date specified in the notice (or such longer time as may be specified by the Commissioner of Police); and

(d)that the surrendered items will only be returned if the youth holds any necessary authorisation under the Firearms Act 1977 or any other Act to possess the surrendered item; and

(e)the effect of subregulations (7) and (8).

(7)However, the Commissioner of Police may refuse to return a surrendered item to a youth if—

(a)the youth is on conditional release that is subject to a condition prohibiting the youth from possessing a firearm, ammunition or part of a firearm; or

(b)the youth does not hold any necessary authorisation under the Firearms Act 1977 or any other Act to possess the surrendered item, or is otherwise prohibited from possessing the surrendered item,

and, if the Commissioner of Police does so refuse, he or she must give notice in writing to the youth who surrendered the surrendered item setting out—

(c)the reasons for the refusal; and

(d)in the case of a refusal contemplated by subregulation (7)(a)—the effect of subregulation (9).

(8)If—

(a)a surrendered item is not collected within the period specified in subregulation (6)(c); or

(b)the youth does not, at the end of the period specified in subregulation (6)(c), hold the necessary authorisation under the Firearms Act 1977 or any other Act to possess the surrendered item, or is otherwise prohibited from possessing the surrendered item,

the surrendered item is, by force of this subregulation, forfeited to the Crown.

(9)If the Commissioner of Police refuses to return a surrendered item to a youth pursuant to subregulation (7)(a)—

(a)the surrendered item will be taken to have been surrendered pursuant to a direction under the provision of the Act under which the conditional release was granted (corresponding to section 41D(1) of the Act); and

(b)the surrendered item must be dealt with in accordance with that Act.

(10)The Commissioner of Police may recover from the youth who surrendered the surrendered item the reasonable costs incurred in connection with the storage of the surrendered item.

(11)This regulation is in addition to, and does not derogate from, the operation of any other Act or law.

(12)No compensation is payable by the Crown in respect of the forfeiture of a surrendered item under this regulation.

(13)A notice required to be given to a youth under this regulation may—

(a)be given to the youth personally; or

(b)be posted in an envelope addressed to the youth—

(i)at the youth's last known address; or

(ii)at the youth's address for service; or

(c)be left for the youth at the youth's last known address or address for service with someone apparently over the age of 16 years.

(14)In this regulation—

conditional release means—

(a)a grant of bail under the Bail Act 1985; or

(b)a bond under the Criminal Law (Sentencing) Act 1988 or the Criminal Law Consolidation Act 1935; or

(c)release from prison on home detention or parole, under the Correctional Services Act 1982; or

(d)release on licence under the Criminal Law (Sentencing) Act 1988 or the Criminal Law Consolidation Act 1935; or

(e)release on licence, or conditional release from detention, under the Act;

surrendered item means a firearm, ammunition or any part of a firearm surrendered pursuant to a direction under section 41D(1) of the Act.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 21 February 2013

No 14 of 2013