Young Offenders (Interstate Transfer) Act 1987 (Qld)

Young Offenders (Interstate Transfer) Act 1987

An Act to facilitate the transfer to, from and through Queensland of young offenders who wish to be so transferred

1 Short title This Act may be cited as the Young Offenders (Interstate Transfer) Act 1987.

2 Commencement (1) This section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a date appointed by proclamation.

3 Interpretation In this Act— agreement means an agreement entered into under section 5 between the Minister and a Minister of another State. arrangement means an arrangement made under section 6 for the transfer of a young offender from Queensland to another State, or to Queensland from another State. guardian means any person who is recognised in law as a legal guardian of a child, and includes a person who, apart from the operation of the Child Protection Act 1999, would in law be guardian of a child. Minister, in relation to— (a) Queensland, includes a Minister who is temporarily performing the duties of the Minister; (b) a State other than Queensland, means— (i) except where the other State is the Australian Capital Territory or the Northern Territory—a Minister of the Crown of that State; or (ii) where the other state is the Australian Capital Territory—a Minister of the Crown of the Commonwealth; or (iii) where the other State is the Northern Territory of Australia—a person holding Ministerial office under section 36 of the Northern Territory (Self-Government) Act 1978 (Cwlth). permanent head means the chief executive of the department. receiving State, in relation to the transfer of a young offender, means the State to which the young offender is transferred. sending State, in relation to the transfer of a young offender, means the State from which the young offender is transferred. young offender means a person— (a) in another State who— (i) is under the age of 18 years and who has committed or is alleged to have committed an offence; or (ii) is of or over the age of 18 years but under the age of 21 years and who has committed or is alleged to have committed an offence when the person was under the age of 18 years; and who has been dealt with under a law which applies in that State and which relates to the punishment of a person who is under the age of 18 years; or (b) in Queensland who is subject to a sentence order under section 175(1)(d), (da), (db), (e) or (g) (Sentence orders—general) or section 176(1), (2) or (3) (Sentence orders—serious offences) of the Youth Justice Act 1992; or (c) who is in Queensland and is subject to an arrangement for the transfer of the person to Queensland or is being transferred through Queensland from one State to another under an arrangement.