PROCEEDS OF CRIME ACT 2002 - SECT 331 Meaning of convicted of an offence

PROCEEDS OF CRIME ACT 2002 - SECT 331

  (1)   For the purposes of this Act, a person is taken to be convicted of an offence if:

  (a)   the person is convicted, whether summarily or on indictment, of the offence; or

  (b)   the person is charged with, and found guilty of, the offence but is discharged without conviction; or

  (c)   a court, with the consent of the person, takes the offence, of which the person has not been found guilty, into account in passing sentence on the person for another offence; or

  (d)   the person * absconds in connection with the offence.

  (2)   Such a person is taken to have been convicted of the offence in the following State or Territory:

  (a)   if paragraph   (1)(a) applies--the State or Territory in which the person was convicted;

  (b)   if paragraph   (1)(b) applies--the State or Territory in which the person was discharged without conviction;

  (c)   if paragraph   (1)(c) applies--the State or Territory in which the court took the offence into account in passing sentence on the person for the other offence;

  (d)   if paragraph   (1)(d) applies--the State or Territory in which the information was laid alleging the person's commission of the offence.

  (3)   If paragraph   (2)(d) applies to a person:

  (a)   the person is taken to have been convicted of the offence before the Supreme Court of that State or Territory; and

  (b)   the person is taken to have committed the offence.

  (4)   This section does not apply to a * foreign serious offence.