Australian Capital Territory Current Acts

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CRIMES (RESTORATIVE JUSTICE) ACT 2004 - SECT 16

Application of Act—family violence offences and sexual offences

    (1)     This Act applies to a less serious family violence offence or a less serious sexual offence committed by a child offender, young offender or adult offender.

    (2)     For a young offender or adult offender, subsection (1) applies whether or not the young offender or adult offender is charged with the offence.

Note 1     An offence may have been committed if it is alleged that the offence was committed (see s 12, def commission ).

Note 2     For the director-general to decide that a less serious family violence offence or a less serious sexual offence committed by a young offender or an adult offender is suitable for restorative justice under pt 7 before the offender pleads guilty to the offence or is found guilty of the offence, the director-general must be satisfied that exceptional circumstances exist for the calling of a restorative justice conference (see s 33 (2)).

    (3)     This Act applies to a serious family violence offence or a serious sexual offence committed by a child offender.

    (4)     This Act applies to a serious family violence offence or a serious sexual offence committed by a young offender or adult offender if—

        (a)     the offender is charged with the offence; and

        (b)     either—

              (i)     the offender pleads guilty to the offence; or

              (ii)     the offender is found guilty of the offence (whether or not the offender is convicted or sentenced for the offence).

    (5)     This Act applies to a family violence offence or a sexual offence committed by a child offender, young offender or adult offender even if the offence was committed before the day this section commenced.



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