Queensland Consolidated Acts Queensland Consolidated Acts(1) In this Act--
approved form means a form approved under section 14.
charge means an allegation formally made in court that a person has committed an offence where--
(a) the allegation is not pursued to a final determination in a court; or
(b) a conviction is not recorded by a court in respect of the allegation; or
(c) a conviction recorded by a court in respect of the allegation is to be deemed, pursuant to law, not to be a conviction.
conviction means a conviction by or before any court for an offence, whether recorded, in Queensland or elsewhere, before or after the date of commencement of this Act.
criminal history means, in relation to any person, the convictions recorded against that person in respect of offences.
indictment, for this subsection, definition rehabilitation period, paragraph (a), for a conviction recorded elsewhere than in Queensland, means a written charge preferred against an accused person before a court other than a court of like jurisdiction to a Magistrates Court exercising summary jurisdiction.
offence means an act or omission that renders the person doing the act or making the omission liable to punishment.
person, in relation to an offender whose rehabilitation is sought by this Act, does not include an incorporated person.
rehabilitation period means--
(a) in relation to a conviction upon indictment recorded against a person who in relation to that conviction was not dealt with as a child--
(i) a period of 10 years commencing on the date the conviction is recorded; or
(ii) where an order of a court made in relation to the conviction has not been satisfied within that period of 10 years--a period terminating on the date the order is satisfied;
whichever period is the later to expire; or
(b) in relation to a conviction recorded against a person where paragraph (a) does not apply--
(i) a period of 5 years commencing on the date the conviction is recorded; or
(ii) where an order of a court made in relation to the conviction has not been satisfied within that period of 5 years--a period terminating on the date the order is satisfied;
whichever period is the later to expire.
revived means, in relation to a conviction, revived as prescribed by section 11.
simple offence means--
(a) an offence committed in Queensland other than a crime, misdemeanour or regulatory offence; and
(b) an offence committed elsewhere than in Queensland that, if committed in Queensland, would be an offence other than a crime, misdemeanour or regulatory offence.
(2) The only convictions in relation to which a rehabilitation period is capable of running are convictions upon which--
(a) the offender is not ordered to serve any period in custody; or
(b) the offender is ordered to serve a period not exceeding 30 months in custody (including ordered by way of default), whether or not in the event the offender is required to actually serve any part of that period in custody;
and the provisions of this Act shall be construed accordingly.
(3) A provision of law or rule of legal practice that requires or authorises disclosure of convictions or charges made against any person shall be construed as requiring or authorising disclosure of the criminal history of that person.