DISABILITY SERVICES ACT 2006 - SECT 270 New serious offences

DISABILITY SERVICES ACT 2006 - SECT 270

270 New serious offences

(1) The amendment of section 47 by the amending Act does not affect a positive notice that is in force at the commencement.

(2) Without limiting subsection (1), the chief executive may not cancel a person’s positive notice on the basis the person would not have been issued a positive notice under this Act because the person was charged with or convicted of a new serious offence before the commencement.

(3) However, subsections (1) and (2) do not prevent the chief executive having regard to a charge or conviction of a person for a new serious offence happening before the commencement in making a decision about the person if—

(a) the decision is being made under this Act after the commencement—

(i) because there has been a change in the person’s criminal history; or

(ii) because the chief executive has become aware of the charge or conviction (but was not aware of it at the time the positive notice was issued); or

(b) the decision relates to a prescribed notice application about the person—

(i) to which section 271 applies; or

(ii) made after the commencement.

(4) In this section—


"new serious offence" means an offence that—

(a) is a serious offence under this Act; but

(b) was not a serious offence under section 47 as in force immediately before the commencement.