Australian Capital Territory Consolidated Acts

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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).



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