22/Jul/2005 - Current (at 31 Dec 2005)
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    45. Provisions about children

    (1) No restraining order is to be made against a child whose age is less than 10 years.

    (2) In an application to vary or cancel a restraining order against a child, section 45 of the Young Offenders Act 1994 applies as if the matter were proceedings for an offence.

    (3) If the Children's Court hears an application for a restraining order under section 38 against a person or an application to vary or cancel a restraining order against a person in the belief that the person is a child when in fact the person is not a child

    (a) as soon as it becomes aware the person is not a child, the Children's Court is to transfer the matter to the Magistrates Court;

    (b) the Children's Court proceedings are not, for that reason, invalidated; and

    (c) an order made by the Children's Court before it became aware the person was not a child, is as valid and has the same effect as if it had been made by the Magistrates Court.

    (4) If the Magistrates Court hears an application for a restraining order under section 38 against a person or an application to vary or cancel a restraining order against a person in the belief that the person is not a child when in fact the person is a child

    (a) as soon as it becomes aware the person is a child, the Magistrates Court is to transfer the matter to the Children's Court;

    (b) the Magistrates Court proceedings are not, for that reason, invalidated; and

    (c) an order made by the Magistrates Court before it became aware the person was a child, is as valid and has the same effect as if it had been made by the Children's Court.

    (5) If a court transfers a matter to another court under this section, the registrar of each court is to give effect to the transfer.

    [Section 45 amended by No. 59 of 2004 s. 141.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.