Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies if the director of public prosecutions is the referring entity for a domestic violence offence allegedly committed by a young offender.
(2) The director of public prosecutions may refer the offence for restorative justice if—
(a) the section 24 referral conditions apply; and
(b) the director has consulted each person who could be an eligible victim or parent for the offence.
Note This Act does not apply to a domestic violence offence alleged to have been committed by an adult offender unless the offender pleads guilty to the offence, or is found guilty of the offence (see s 16).
(3) Subsections (1) and (2) do not apply before the phase 2 application day.
(4) However, subsections (1) and (2) may apply to an offence even if the offence was allegedly committed before the phase 2 application day.
(5) To remove any doubt, the Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to subsection (1) or (2).
Note If the Legislation Act, s 79 applied to subsection (1) or (2), 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.
(6) Subsections (3) to (8) (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).
(7) Subsections (3) to (8) (including this subsection) are laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
(8) In this section:
phase 2 application day —see section 15 (4).