Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) In this Act, unless the contrary intention appears –
"adult" means a person who has attained the age of 18 years;
"annulled" means –(a) annulled under section 6 or 8; or
(b) quashed or set aside by a court; or
(c) made the subject of a free or conditional pardon;
"annulled conviction" means a conviction that has been annulled;
"conviction" means a conviction recorded against a person for an offence, whether on indictment or summarily or as a result of the acceptance of an infringement notice, and whether before or after the commencement of this Act;
"imprisonment" includes detention pursuant to a detention order made under the Youth Justice Act 1997;
"Justice Agency" means any of the following:(a) the Australian Federal Police;
(b) the police force or service of a State;
(c) the Australian Crime Commission established by section 7 of the Australian Crime Commission Act 2002 of the Commonwealth;
(d) the CrimTrac Agency established on 1 July 2000 as an Executive Agency by the Governor-General of the Commonwealth under section 65 of the Public Service Act 1999 of the Commonwealth;
(e) the Australian Customs Service established by section 4 of the Customs Administration Act 1985 of the Commonwealth;
(f) the Attorney-General for the Commonwealth or a State;
(g) the Director of Public Prosecutions for the Commonwealth or a State;
(h) a person employed in a Government Department or Agency of the Commonwealth or a State, or in a council, and whose primary duties include the prosecution of offences or assisting with the prosecution of offences;
(i) the Director of Corrective Services and the equivalent entity in another State;
(j) the Parole Board and the equivalent entity in another State;
(k) the Registrar or administrator of a Commonwealth or State court;
(l) the Secretary of the responsible Department in relation to the Youth Justice Act 1997 and any entity that is responsible for the administration of discrete youth justice legislation in another State;
(m) a prescribed body or person;
"minor conviction" means any conviction other than –(a) a conviction for which a sentence of imprisonment of more than 6 months is imposed; or
(b) a conviction for a sexual offence; or
(c) a prescribed conviction;
"official criminal record" means a record, containing information about the outcome of criminal proceedings, kept by –(a) a court of this State; or
(b) a Government department or State authority within the meaning of the State Service Act 2000; or
(c) a council;
"Parole Board" means the board established by section 62 of the Corrections Act 1997;
"person" means a natural person;
"sentence of imprisonment" includes –(a) any wholly suspended sentence of imprisonment; and
(b) any suspended part of a sentence of imprisonment;
"sexual offence" means –(a) an offence under section 124, 125, 125A, 125B, 126, 127, 127A, 128, 129, 133, 185 or 186 of the Criminal Code; or
(b) an offence under section 122 or 123 of the Criminal Code as in force immediately before 14 May 1997; or
(c) an offence under section 298 or 299 of the Criminal Code in respect of an offence referred to in paragraph (a) or (b); or
(d) an offence under section 8(1A)(a) or 35(3) of the Police Offences Act 1935; or
(e) an offence under Part 8 of the Classification (Publications, Films and Computer Games) Enforcement Act 1995 in respect of a child abuse product, within the meaning of that Part;
"State" includes Territory;
"youth" means a person who has not attained the age of 18 years.
(2) For the purposes of this Act, where a court finds a person guilty of an offence but does not proceed to record a conviction, the finding is to be regarded as a conviction.
(3) In this Act, a reference to an annulled conviction includes a reference to –
(a) the charge to which the conviction related; and
(b) any action taken regarding a breach of prison discipline committed during a sentence of imprisonment imposed in relation to the conviction.