Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) For the purposes of this Act, a person is taken to have beenconvicted of an offence if –
(a) the person has been charged with and found guilty and convicted of the offence; or
(b) the person has been charged with and found guilty of the offence but the court hearing the charge has not proceeded to conviction; or
(c) the offence has been taken into account by a court in sentencing the person for another offence; or
(d) the person has absconded in connection with the offence.
(2) For the purposes of this Act, a person's conviction is taken to have been quashed if –
(a) in the case of a person who is taken to have been convicted of the offence by reason of subsection (1)(a) – the conviction has been quashed or set aside; or
(b) in the case of a person who is taken to have been convicted of the offence by reason of subsection (1)(b) – the finding of guilt has been quashed or set aside; or
(c) in the case of a person who is taken to have been convicted of the offence by reason of subsection (1)(c) – either of the following events has occurred:
(i) the person's conviction of the other offence referred to in that subsection has been quashed or set aside;
(ii) the decision of the court to take the offence into account in passing sentence for that other offence has been quashed or set aside; or
(d) in the case of a person who is taken to have been convicted of the offence by reason of subsection (1)(d) – the person, after being brought before a court in respect of the offence, has been discharged in respect of the offence or a conviction of the person for the offence has been quashed or set aside.
(3) A reference in this Act in relation to a person's conviction of an offence to the commission of the offence is, if the person is taken to have been convicted of the offence by reason of subsection (1)(d), to be taken to be reference to the alleged commission of the offence by that person.