Text as at 26 April 2026

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321LA Definitions

(1)In this Division—

adult means a person who is 18 years of age or over;

S. 321LA(1) def. of adult inserted by No. 32/2024 s. 799(1).

child means a person aged under 18 years;

criminal activity means conduct that constitutes an offence punishable on first conviction with imprisonment for life or for a term of 5 years or more;

recruit means incite, direct or induce.

(2)Conduct by a child may be criminal activity even if, under section 10 or 11 of the Youth Justice Act 2024, it is presumed that the child cannot commit the offence that the conduct would constitute.

S. 321LA(2) inserted by No. 32/2024 s. 799(2).

1It is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the Youth Justice Act 2024.

2It is presumed that a child who is 12 or 13 years of age cannot commit an offence—see section 11 of the Youth Justice Act 2024.