SPENT CONVICTIONS ACT 2000 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of Act 3. Overview of Act 4. Dictionary 5. Notes 6. Meaning of conviction 7. Meaning of spent conviction 8. Meaning of quash 9. Act applies to convictions for offences against non-ACT laws 10. Act applies to existing convictions PART 2--SPENT CONVICTIONS 11. Which convictions can become spent? 12. When is a conviction spent? 13. What is the crime-free period? 14. How are traffic offences to be dealt with? 15. Spent convictions generally not revived PART 3--CONSEQUENCES OF A CONVICTION BECOMING SPENT 16. What are the consequences of a conviction becoming spent? 17. Unlawful disclosure of a conviction becoming spent 18. Improperly obtaining information about spent convictions 19. Exclusions PART 4--MISCELLANEOUS 20. Act does not authorise contravention of other laws 21. Act does not affect certain other lawful acts 22. Act does not authorise destruction of records 23. Regulation-making power DICTIONARY ENDNOTES SPENT CONVICTIONS ACT 2000 - LONG TITLE An Act to limit the effect of a person's conviction for certain offences if the person completes a period of crime-free behaviour, to make provision about quashed convictions and pardons, and for other purposes SPENT CONVICTIONS ACT 2000 - SECT 1 Name of Act This Act is the Spent Convictions Act 2000. SPENT CONVICTIONS ACT 2000 - SECT 3 Overview of Act (1) This Act provides a scheme to limit the effect of a person's conviction for certain offences if the person completes a period of crime-free behaviour. (2) Under the scheme, after completion of a period of crime-free behaviour, a conviction to which the scheme applies is regarded as spent and, subject to certain exceptions, does not form part of the person's criminal history and may only be used for certain purposes. Note See the Discrimination Act 1991, s 7 (1) (o) for discrimination on the ground of spent conviction. (3) This Act also deals with the effect of the quashing of a conviction and the pardoning of an offence. SPENT CONVICTIONS ACT 2000 - SECT 4 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition '"conviction"--see section 6.' means that the term 'conviction' is defined in that section and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). SPENT CONVICTIONS ACT 2000 - SECT 5 Notes A note included in this Act is explanatory and is not part of this Act. Note See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes. SPENT CONVICTIONS ACT 2000 - SECT 6 Meaning of conviction For this Act, a person is convicted of an offence if-- (a) the person is convicted of the offence, whether summarily or on indictment; or (b) the person is charged with the offence and a court finds the person guilty of the offence. Examples for par (b) 1 the court makes an order under the Crimes (Sentencing) Act 2005, s 17 (Non-conviction orders--general) 2 the court makes an order under the Children and Young People Act 1999, s 98 (Disposition without proceeding to conviction) Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). SPENT CONVICTIONS ACT 2000 - SECT 7 Meaning of spent conviction (1) For this Act, the conviction of a person for an offence is "spent" if-- (a) the conviction is spent under section 12 (When is a conviction spent?); or (b) the conviction is quashed; or (c) the person is granted a pardon for the offence. (2) In this Act, a reference to a conviction that is "spent" includes a reference to the charge to which the spent conviction related. SPENT CONVICTIONS ACT 2000 - SECT 8 Meaning of quash For this Act, a person's conviction for an offence is "quashed" if-- (a) the conviction is quashed or set aside; or (b) the finding that the charge was proved is quashed or set aside (except to impose a penalty for the offence). SPENT CONVICTIONS ACT 2000 - SECT 9 Act applies to convictions for offences against non-ACT laws (1) This Act applies to convictions for Commonwealth offences, State offences and foreign offences as well as convictions for ACT offences. (2) This Act applies to convictions imposed for Commonwealth offences, State offences and foreign offences with the changes necessary to enable its provisions to apply to those offences in a way that corresponds as closely as possible to the way it applies to ACT offences. Note The Crimes Act 1914 (Cwlth), pt VIIC deals with spent convictions. In particular, s 85ZV (1) of that Act provides, among other things, that a person is not required, in a State or Territory, to disclose to any person, for any purpose, the fact that the person has been charged with, or convicted of, a Commonwealth offence if the person's conviction for the offence is spent under that Act. (division 6 of that part provides exclusions.) The subsection is expressed to apply despite, among other things, any state or territory law. Under the Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 28 a provision of a Territory enactment has no effect to the extent to which it is inconsistent with a Commonwealth law in force in the Territory. SPENT CONVICTIONS ACT 2000 - SECT 10 Act applies to existing convictions This Act applies in relation to a person convicted of an offence whether the person is convicted before or after the commencement of this Act. SPENT CONVICTIONS ACT 2000 - SECT 11 Which convictions can become spent? (1) Any conviction (other than a conviction mentioned in subsection (2)) can become spent. (2) The following convictions cannot become spent convictions: (a) a conviction for which a sentence of imprisonment of longer than 6 months has been imposed; (b) a conviction for a sexual offence; (c) a conviction of a corporation; (d) a conviction prescribed under the regulations. (3) In this section: "sentence of imprisonment"-- (a) includes a period of a sentence of imprisonment to be served by periodic detention under the Crimes (Sentence Administration) Act 2005; but (b) does not include the detention of a person under a control order. SPENT CONVICTIONS ACT 2000 - SECT 12 When is a conviction spent? (1) A conviction is spent on completion of the relevant crime-free period, unless it is earlier spent under this section. (2) If a charge for an offence is dismissed under either of the following provisions, the finding of guilt for the offence (however described) is spent on the dismissal of the charge: (a) the Crimes (Sentencing) Act 2005, section 17 (Non-conviction orders--general); (b) the Children and Young People Act 1999, section 98 (Disposition without proceeding to conviction). Note An order under the Crimes Act 1900, s 402 (Conditional release of offenders without proceeding to conviction) (repealed) is taken to be a non-conviction order that is a good behaviour order under the Crimes (Sentencing) Act 2005 (see Crimes (Sentence Administration) Act 2005, s 336). (3) If an order under the Crimes (Sentencing) Act 2005, section 17 (Non-conviction orders--general) is a good behaviour order subject to a condition, the order is spent only when the condition is completely satisfied. (4) An order reprimanding a person under the Children and Young People Act 1999, section 96 (1) (or 98 (2) (b)) or the Children's Services Act 1986, section 47 (1) (or 48 (k)) is spent on the making of the order. (5) A conditional discharge order, order for the payment of reparation or compensation, or attendance centre order, under the Children and Young People Act 1999, section 96 (1) (or 98 (2) (b)) or the Children's Services Act 1986, section 47 (1) (or 48 (k)) is spent on satisfactory compliance with the order. (6) A probation order under the Children and Young People Act 1999, section 96 (1) (or 98 (2) (b)) or the Children's Services Act 1986, section 47 (1) (or 48 (k)) is spent at the end of the period for which the order is in force. (7) A conviction for an offence of a kind that has ceased, by operation of law, to be an offence is spent when the offence ceased to be an offence, if the offence is prescribed under the regulations to be an offence to which this subsection applies. SPENT CONVICTIONS ACT 2000 - SECT 13 What is the crime-free period? (1) In this section: "relevant period", in relation to the conviction of a person for an offence, means-- (a) if the person was not dealt with as an adult in relation to the conviction--5 consecutive years; or (b) in any other case--10 consecutive years. (2) The crime-free period for a person for an offence is the relevant period during which the person has not been-- (a) subject to a control order; or (b) convicted of an offence punishable by imprisonment; or (c) in prison because of a conviction for an offence; or (d) unlawfully at large in relation to an offence. Note Under s 14, convictions for traffic offences are considered separately from non-traffic offences in defining the crime-free period. SPENT CONVICTIONS ACT 2000 - SECT 14 How are traffic offences to be dealt with? (1) In this section: "drive"--see the Road Transport (Safety and Traffic Management) Act 1999, dictionary. "motor vehicle"--see the Road Transport (Safety and Traffic Management) Act 1999, dictionary. "non-traffic offence" means any offence except a traffic offence. "road transport legislation"--see the Road Transport (General) Act 1999, section 6. "traffic offence" means any offence arising out of the use of a motor vehicle, and includes any offence against the road transport legislation. "trailer"--see the Road Transport (Safety and Traffic Management) Act 1999, dictionary. "use "a motor vehicle or trailer includes drive, stop or park the motor vehicle or trailer. (2) A conviction for a traffic offence, and any period of imprisonment imposed because of such a conviction, are disregarded in calculating the crime-free period for a conviction for a non-traffic offence. Note A conviction for a traffic offence is relevant only in calculating the crime-free period for a conviction for an earlier traffic offence. (3) A conviction for a non-traffic offence, and any period of imprisonment imposed because of such a conviction, are disregarded in calculating the crime-free period for a conviction for a traffic offence. Note A conviction for a non-traffic offence is relevant only in calculating the crime-free period for an earlier non-traffic offence. (4) However, a conviction for any of the following offences is relevant in calculating the crime-free period for any conviction (whether for a traffic offence or a non-traffic offence): (a) an offence against the Crimes Act 1900, section 29 (Culpable driving); (b) any other offence against the Crimes Act 1900 where a necessary fact to constitute the offence is that someone dies or is injured because of, or as a result of, the way the convicted person drove a motor vehicle; (c) an offence against the Road Transport (Alcohol and Drugs) Act 1977, part 3 (which is about drivers exceeding the prescribed blood alcohol concentration, refusing to provide a breath sample, blood test etc, or driving under the influence of an intoxicating liquor or a drug); (d) an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 6 (1) (which is about negligent driving) that occasions death or grievous bodily harm (within the meaning of that subsection); (e) an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 7 (1) (which is about furious, reckless and dangerous driving); (f) an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 8 (1) or (2) (which are about menacing driving); (g) an offence prescribed under the regulations for this subsection. SPENT CONVICTIONS ACT 2000 - SECT 15 Spent convictions generally not revived (1) A conviction of a person for an offence (the first offence) that is spent is not revived by the subsequent conviction of the person for another offence (the later offence). (2) However, if the later offence was committed during the crime-free period for the first offence and-- (a) the person is convicted summarily of the later offence by an ACT court--the court may order that this part ceases to apply to the person in relation to the first offence until the crime-free period for the later offence has ended; or (b) the person is convicted on indictment of the later offence by an ACT court--this part automatically ceases to apply to the person in relation to the first offence until the crime-free period for the later offence has ended; or (c) the person is convicted of the later offence by a court of the Commonwealth, a State or Territory or a foreign country--this part automatically ceases to apply to the person in relation to the first offence until the crime-free period for the later offence has ended. (3) While this part does not apply to the person in relation to the first offence, the conviction of the person for the first offence is not a spent conviction. SPENT CONVICTIONS ACT 2000 - SECT 16 What are the consequences of a conviction becoming spent? If a conviction of a person is spent-- (a) the person is not required to disclose information about the spent conviction to anyone; and (b) a question about the person's criminal history is taken not to refer to the spent conviction, but to refer only to any of the person's convictions that are not spent; and (c) in applying an Act to the person-- (i) a reference to a conviction (however expressed) is taken not to refer to the spent conviction, but to refer only to any of the person's convictions that are not spent; and (ii) a reference to the person's character (however expressed) does not allow or require anyone to take the spent conviction into account. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104). SPENT CONVICTIONS ACT 2000 - SECT 17 Unlawful disclosure of a conviction becoming spent (1) A person who has access to records of convictions kept by or on behalf of a public authority must not, without lawful authority, disclose any information about a spent conviction. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) It is not an offence for an archive or library (or an authorised officer or employee of an archive or library) to make available to a member of the public, or to another archive or library, in accordance with the normal procedures of the archive or library, material that is normally available for public use and that contains information about a spent conviction. (3) It is not an offence for a law enforcement agency (or an authorised officer or employee of a law enforcement agency) in the exercise of its functions (or of the functions of the authorised officer or employee) to make information about a spent conviction available to another law enforcement agency or to a court. SPENT CONVICTIONS ACT 2000 - SECT 18 Improperly obtaining information about spent convictions A person must not fraudulently or dishonestly obtain information about a spent conviction from records of convictions kept by or on behalf of a public authority. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. SPENT CONVICTIONS ACT 2000 - SECT 19 Exclusions (1) Section 16 does not apply in relation to an application by a person-- (a) for an appointment or employment as a judge, magistrate, justice of the peace, police officer, prison officer, teacher, teacher's aide, childcare provider, aged care provider or provider of care for people with a disability, or childcare worker, aged care worker or worker with people with a disability; or (b) to be appointed, employed or otherwise engaged (whether or not for financial reward) in any other capacity-- (i) in relation to the care, instruction or supervision of children, older people or people with a disability; or (ii) at a school, child-care centre, hospital, community care facility, residential care facility, or any other place where care, instruction, supervision or any other services are provided (or proposed to be provided) for children, older people or people with a disability; or (iii) by an entity that provides care, instruction, supervision or any other services for children, older people or people with a disability; or (iv) as a casino employee under the Casino Control Act 2006; or (c) for an interactive gambling licence under the Interactive Gambling Act 1998; or (d) to be permitted to provide care, instruction, supervision or any other services for children, older people or people with a disability. (2) Section 16 does not apply in relation to an application by a person convicted of arson or attempted arson to be appointed, employed or otherwise engaged (whether or not for financial reward) in any other capacity in fire fighting or fire prevention. (3) Section 16 does not apply in relation to a proceeding before a court (including the giving of evidence) or the making of a decision by a court (including a decision about sentencing). (4) However, a court before which evidence of a spent conviction is admitted must, in appropriate circumstances, take the steps reasonably available to it to prevent or minimise publication of the evidence. (5) Section 16 does not apply in relation to the making of a decision under the Firearms Act 1996 about a person's suitability. (6) Section 16 does not apply in relation to the making of a decision under the Casino Control Act 2006 about whether a person is an eligible person for that Act. (7) Section 16 does not apply in relation to the making of an application for, or for the renewal of, a licence or approval under the Race and Sports Bookmaking Act 2001. (8) Section 16 does not apply to a notice or police report under the Prostitution Act 1992, part 2 (Registration). (9) This Act does not affect any of the following provisions: (a) the Crimes Act 1900, section 291 (Evidence of previous conviction charged in an indictment); (b) the Evidence Act 1971, sections 56 (Evidence about character) and 71 (Evidence about character of accused) and part 11 (Admissibility of convictions in civil proceedings). SPENT CONVICTIONS ACT 2000 - SECT 20 Act does not authorise contravention of other laws This Act does not authorise a person to disclose a conviction or to take a conviction into account if to do so would contravene any other law. SPENT CONVICTIONS ACT 2000 - SECT 21 Act does not affect certain other lawful acts This Act does not affect anything lawfully done before a conviction is spent or quashed or a pardon is granted. SPENT CONVICTIONS ACT 2000 - SECT 22 Act does not authorise destruction of records This Act does not authorise the destruction by or on behalf of a public authority of a record relating to a spent conviction, quashed conviction or pardon. SPENT CONVICTIONS ACT 2000 - SECT 23 Regulation-making power (1) The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. (2) The regulations may provide that this Act or a prescribed provision of this Act does not affect a prescribed Act or a prescribed provision of an Act. (3) The regulations may provide that a provision of this Act does not apply-- (a) in relation to a conviction, finding or order of a particular kind, or a charge relating to such a conviction, finding or order; or (b) in relation to a class of persons; or (c) in relation to particular circumstances. (4) A regulation made for section 11 (2) (d), the definition of sexual offence in the dictionary, or this section, may provide that, despite this Act, a conviction is taken never to have been spent or never to be capable of becoming spent. SPENT CONVICTIONS ACT 2000 - NOTES Dictionary Dictionary (see s 4) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: o administrative unit o entity o exercise o function o law, of the Territory o penalty unit (see s 133) o State o Territory authority o the Territory. "ACT offence" means an offence against a Territory law. "another Territory" means a Territory other than this Territory or the Northern Territory. "Commonwealth law" means-- (a) a Commonwealth Act other than-- (i) the Australian Capital Territory (Self-Government) Act 1988 (Cwlth); or (ii) the Northern Territory (Self-Government) Act 1978 (Cwlth); or (b) an instrument made under a Commonwealth Act (other than a Commonwealth Act mentioned in paragraph (a) (i) or (ii)); or (c) any other legislation that applies as a Commonwealth law (other than legislation so far as it is applied by a Commonwealth Act mentioned in paragraph (a) (i) or (ii)), to the extent that it operates as a Commonwealth law; and includes a law in force in a Territory other than the Northern Territory or this Territory. "Commonwealth offence" means an offence against a Commonwealth law. "control order" means an order made under-- (a) the Children and Young People Act 1999, section 96 (1) (k) or (l); or (b) the Children's Services Act 1986, section 47 (1) (j) or (k). "conviction"--see section 6. "court "includes a tribunal. "crime-free period"--see section 13. "foreign law" means a law of a foreign country. foreign offence means an offence against a foreign law. "law enforcement agency" means any of the following: (a) the Australian Federal Police; (b) the police service or force of a State, another Territory or a foreign country; (c) the Australian Customs Service; (d) the Australian Crime Commission; (e) the CrimTrac Agency, established under the Public Service Act 1999 (Cwlth), section 65 (Establishment etc. of Executive Agencies); (f) the New South Wales Independent Commission Against Corruption or a similar entity established under the law of another State; (g) the New South Wales Crime Commission or a similar entity established under the law of another State; (h) the Attorney-General for the Territory, the Commonwealth, a State or another Territory; (i) people employed in a government department of the Commonwealth, a State or another Territory and whose primary functions are the beginning or conduct of proceedings for offences; (j) the Office of the Director of Public Prosecutions or a similar entity established under a Commonwealth or State law; (k) the director of public prosecutions, or a person performing a similar function under a Commonwealth or State law; (l) a lawyer to the extent that the lawyer is engaged under a Commonwealth or State law to prosecute offences; (m) prison officers; (n) an entity prescribed under the regulations. "prison officer" includes a person employed in an entity responsible under the law of the Territory, or of the Commonwealth, a State or a foreign country, for providing correctional services for offenders. "public authority" means an administrative unit or Territory authority, and includes a person exercising functions for the Territory, an administrative unit or Territory authority. "quash"--see section 8. "sexual offence" means the following offences: (a) an offence against the Crimes Act 1900, part 3 (Sexual Offences) or part 3B (Female Genital Mutilation); (b) an offence (such as an offence against the Crimes Act 1900, section 27 (Acts endangering life etc) or the Criminal Code, section 311 (Burglary)) that includes the commission of, or an intention to commit, an offence mentioned in paragraph (a) or (d); (c) an offence of attempting, or of conspiracy or incitement, to commit an offence mentioned in paragraph (a), (b) or (d); (d) an offence (including a Commonwealth offence, State offence or foreign offence) prescribed under the regulations; (e) an ACT offence committed before the date of commencement of this definition of a similar nature to an offence mentioned in paragraphs (a) to (d); and includes any Commonwealth offence, State offence or foreign offence that is similar in nature to an ACT offence mentioned in paragraph (a), (b), (c) or (e) or is prescribed under the regulations. "spent", for a conviction--see section 7. "State law" means a law in force in a State (other than a Commonwealth law). Note State includes the Northern Territory (see Legislation Act 2001, dict, pt 1). SPENT CONVICTIONS ACT 2000 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired 3 Legislation history Spent Convictions Act 2000 A2000-48 notified 28 September 2000 (Gaz 2000 No 39) s 1, s 2 commenced 28 September 2000 (IA s 10B) remainder commenced 28 March 2001 (IA s 10E) as amended by Legislation (Consequential Amendments) Act 2001 A2001-44 pt 366 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 366 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Race and Sports Bookmaking Act 2001 A2001-49 sch 2 pt 4 notified 12 July 2001 (Gaz 2001 No 28) s 1, s 2 commenced 12 July 2001 (IA s 10B) sch 2 pt 4 commenced 7 September 2001 (Gaz 2001 No S68) Prostitution Amendment Act 2002 A2002-35 s 26, s 27 notified LR 8 October 2002 s 1, s 2 commenced 8 October 2002 (LA s 75 (1)) s 26, s 27 commenced 16 December 2002 (s 2 and CN2002-15) Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.25 notified LR 5 December 2003 s 1, s 2 commenced 5 December 2003 (LA s 75 (1)) sch 3 pt 3.25 commenced 19 December 2003 (s 2) Australian Crime Commission (ACT) Act 2003 A2003-58 sch 1 pt 1.3 notified LR 17 December 2003 s 1, s 2 commenced 17 December 2003 (LA s 75 (1)) sch 1 pt 1.3 commenced 17 June 2004 (s 2 and LA s 79) Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 2 pt 2.5 notified LR 26 October 2005 s 1, s 2 commenced 26 October 2005 (LA s 75 (1)) sch 2 pt 2.5 commenced 23 November 2005 (s 2) Casino Control Act 2006 A2006-2 sch 1 pt 1.5 notified LR 22 February 2006s 1, s 2 commenced 22 February 2006 (LA s 75 (1)) sch 1 pt 1.5 commenced 1 May 2006 (s 2 and CN2006-6) Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.33 notified LR 18 May 2006 s 1, s 2 commenced 18 May 2006 (LA s 75 (1)) sch 1 pt 1.33 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79) Firearms Amendment Act 2008 A2008-25 sch 2 pt 2.5 notified LR 15 July 2008 s 1, s 2 commenced 15 July 2008 (LA s 75 (1)) sch 2 pt 2.5 commenced 15 January 2009 (s 2 (1) and LA s 79) Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.53 notified LR 12 August 2008 s 1, s 2 commenced 12 August 2008 (LA s 75 (1)) sch 3 pt 3.53 commenced 26 August 2008 (s 2) 4 Amendment history Commencements 2 om A2001-44 amdt 1.3907 Overview of Acts 3 am A2003-56 amdt 3.230 Dictionarys 4 sub A2003-56 amdt 3.231 Meaning of convictions 6 am A2003-56 amdt 3.232; A2006-23 amdt 1.282, amdt 1.283 Meaning of spent convictions 7 am A2006-23 amdt 1.284 Which convictions can become spent?s 11 am A2006-23 amdt 1.285, amdt 1.286 When is a conviction spent?s 12 am A2003-56 amdt 3.233, amdt 3.234; A2006-23 amdt 1.287, amdt 1.288; ss renum R8 LA (see A2006-23 amdt 1.289) What is a crime-free period?s 13 am A2003-56 amdt 3.230 What are the consequences of a conviction becoming spent?s 16 am A2001-44 amdt 1.3908, amdt 1.3909 Exclusionss 19 am A2001-49 amdt 2.28, amdt 2.29; A2002-35 s 26; ss renum R3 LA (see 2002 No 35 s 27); A2006-2 amdt 1.18, amdt 1.19; A2008-28 amdt 3.162; A2008-25 amdt 2.10 Regulation-making powers 23 am A2001-44 amdt 1.3910 Amendment of Discrimination Act pt 5 hdg om R1 LRA Grounds s 24 om R1 LRA Dictionarydict am A2003-56 amdt 3.236 def ACT offence am A2003-56 amdt 3.237 def casino om A2003-56 amdt 3.238 def correctional agency om A2003-56 amdt 3.239 def function om A2003-56 amdt 3.240 def law enforcement agency am A2003-56 amdt 3.241, amdt 3.242; A2003-58 amdt 1.3; pars renum R5 LA (seeA2003-58 amdt 1.4) def prison officer sub A2003-56 amdt 3.243 def public authority am A2003-56 amdt 3.244 def sexual offence am A2005-53 amdt 2.26 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 not amended 1 July 2001 2 A2001-49 12 September 2001 3 A2002-35 16 December 2002 4 A2003-58 19 December 2003 5 A2003-58 17 June 2004 6 A2005-53 23 November 2005 7 A2006-2 1 May 2006 8 A2006-23 2 June 2006 9 A2008-28 26 August 2008 (c) Australian Capital Territory 2009 SPENT CONVICTIONS ACT 2000 - NOTES Australian Capital Territory A2000-48 Republication No 10 Effective: 15 January 2009 Republication date: 15 January 2009 Last amendment made by A2008-28(republication for amendments by A2008-25)Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Spent Convictions Act 2000 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 15 January 2009 . It also includes any amendment, repeal or expiry affecting the republished law to 15 January 2009 . The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties The value of a penalty unit for an offence against this republished law at the republication date is-- (a) if the person charged is an individual--$100; or (b) if the person charged is a corporation--$500. Australian Capital Territory Spent Convictions Act 2000 Endnotes Australian Capital Territory Spent Convictions Act 2000