CRIMINAL RECORDS ACT 1991 - As at 28 November 2018 - Act 8 of 1991

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Objects of this Act
• 4 Definitions
• 5 Findings and orders treated as convictions for the purposes of this Act
• 6 Construction of certain provisions of this Act

PART 2 - SPENT CONVICTIONS

• 7 Which convictions are capable of becoming spent?
• 8 When is a conviction spent?
• 9 What is the crime-free period for convictions of courts (other than the Children's Court)?
• 10 What is the crime-free period for orders of the Children's Court?
• 11 How are traffic offences to be dealt with?

PART 3 - CONSEQUENCES OF A CONVICTION BECOMING SPENT

Division 1 - General

• 12 What are the consequences of a conviction becoming spent?
• 13 Unlawful disclosure of information concerning spent convictions
• 14 Improper obtaining of information concerning spent convictions

Division 2 - Exclusions

• 15 Employment in certain occupations
• 16 Proceedings before courts
• 17 Civic office

PART 4 - QUASHED CONVICTIONS AND PARDONS

• 18 When is a conviction taken to be quashed?
• 19 What are the consequences of a conviction being quashed or of a pardon?

PART 4A - EXTINGUISHING CONVICTIONS FOR HISTORICAL HOMOSEXUAL OFFENCES

• 19A Definitions
• 19B Application to have eligible homosexual offence convictions extinguished
• 19C Eligible homosexual offence convictions may be extinguished
• 19D Persons and bodies to provide information to Secretary
• 19E Administrative review by Civil and Administrative Tribunal of decision of Secretary relating to conviction
• 19F What are the consequences of a conviction becoming an extinguished conviction?
• 19G Unlawful disclosure of information concerning extinguished convictions
• 19H Improper obtaining of information concerning extinguished convictions
• 19I Conviction may cease being an extinguished conviction

PART 5 - MISCELLANEOUS

• 20 Act binds the Crown
• 21 Act does not authorise contravention of other laws
• 22 Act does not affect certain other lawful acts
• 23 Destruction of records
• 24 Proceedings for offences
• 25 Regulations