Australian Capital Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMES (RESTORATIVE JUSTICE) ACT 2004 (NO. 65 OF 2004) - SECT 15

Application of Act—generally

    (1)     This Act applies to a less serious offence committed by an adult offender.

    (2)     This Act applies to a serious offence (whether committed by a young offender or an 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).

    (3)     This section does not apply to a domestic violence offence.

Note     For the application of the Act to domestic violence offences, see s 16.

    (4)     Subsections (1), (2) and (3) do not apply before a day (the phase 2 application day ) declared by the Minister by written notice.

    (5)     However, subsections (1) and (2) may apply to an offence even if the offence was committed before the phase 2 application day.

    (6)     A declaration under subsection (4) is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act.

    (7)     To remove any doubt, the Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to subsections (1), (2) and (3).

Note     If the Legislation Act, s 79 applied to subsection (1), (2) or (3), the subsection would automatically commence 6 months after the commencement of this Act (apart from s 1 and s 2) if it had not already been effectively commenced by the declaration of the phase 2 application day.

    (8)     Subsections (4) to (9) (including this subsection) expire on the phase 2 application day.

Note     A provision of an Act expires at the end of the day fixed for its expiry (see Legislation Act, s 85 (3); "repeal "in s 85 includes expiry—see s 82).

    (9)     Subsections (4) to (8), and this subsection, are laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback