Australian Capital Territory Numbered Acts

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CRIMES (RESTORATIVE JUSTICE) ACT 2004 (NO. 65 OF 2004) - SECT 16

Application of Act—domestic violence offences

    (1)     This Act applies to a domestic violence offence committed by a young offender.

    (2)     Subsection (1) applies whether or not the young 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 chief executive to decide that a domestic violence offence committed (or allegedly committed) by a young offender is suitable for restorative justice under pt 7, the chief executive 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 domestic violence offence committed by 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).

    (4)     Subsections (1), (2) and (3) do not apply before the phase 2 application day.

    (5)     However, subsections (1), (2) and (3) may apply to an offence even if the offence was committed before the phase 2 application day.

    (6)     To remove any doubt, the Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to subsection (1), (2) or (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.

    (7)     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).

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

    (9)     In this section:

phase 2 application day —see section 15 (4).



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