Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated ActsDictionary
(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:
• administrative unit
• entity
• exercise
• function
• law, of the Territory
• penalty unit (see s 133)
• State
• Territory authority
• 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).
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.
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am = amended |
ord = ordinance |
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amdt = amendment |
orig = original |
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ch = chapter |
par = paragraph/subparagraph |
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def = definition |
pres = present |
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dict = dictionary |
prev = previous |
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disallowed = disallowed by the Legislative |
(prev...) = previously |
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Assembly |
pt = part |
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div = division |
r = rule/subrule |
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exp = expires/expired |
renum = renumbered |
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Gaz = gazette |
reloc = relocated |
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hdg = heading |
R[X] = Republication No |
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IA = Interpretation Act 1967 |
RI = reissue |
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ins = inserted/added |
s = section/subsection |
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LA = Legislation Act 2001 |
sch = schedule |
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LR = legislation register |
sdiv = subdivision |
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sub = substituted |
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mod = modified/modification |
SL = Subordinate Law |
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o = order |
underlining = whole or part not commenced |
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om = omitted/repealed |
or to be expired |
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
2006
s 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)
Commencement
s
2 om A2001-44 amdt 1.3907
Overview of
Act
s 3 am A2003-56 amdt
3.230
Dictionary
s
4 sub A2003-56 amdt 3.231
Meaning of
conviction
s 6 am A2003-56
amdt 3.232; A2006-23 amdt 1.282, amdt 1.283
Meaning of spent
conviction
s 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
Exclusions
s
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
power
s 23 am A2001-44 amdt
1.3910
Amendment of Discrimination Act
pt 5 hdg om R1
LRA
Grounds
s 24 om R1 LRA
Dictionary
dict 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
(see
A2003-58 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
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.
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Republication No |
Amendments to |
Republication date |
|
1 |
not amended |
1 July 2001 |
|
2 |
A2001-49 |
12 September 2001 |
|
3 |
A2002-35 |
16 December 2002 |
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4 |
A2003-58 |
19 December 2003 |
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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 |
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