FOOD ACT 1984 - SECT 53I Removal of record of conviction from register

FOOD ACT 1984 - SECT 53I

    (1)     The information relating to a conviction for an offence must be removed from the register of convictions if—

        (a)     the information has been on the register for 12 consecutive months; or

        (b)     the Secretary becomes aware that—

              (i)     leave has been granted to lodge an appeal against the conviction out of time; or

              (ii)     the conviction or sentencing order has been stayed by a court; or

        (c)     the removal is otherwise required by this Act or another law.

    (2)     Information relating to a conviction for an offence that has been removed from the register because of subsection (1)(b) must be re‑entered on the register if—

        (a)     the appeal against the conviction is abandoned or dismissed; or

        (b)     leave to appeal against the conviction is refused.

    (3)     If information relating to a conviction for an offence is removed from the register because of subsection (1)(b) and on the hearing of the appeal the court confirms or imposes a conviction for the offence, the information must be re-entered on the register and updated to include any information relating to the outcome of the hearing of the appeal.

    (4)     If information relating to a conviction for an offence is re-entered on the register under subsection (2) or (3), for the purposes of subsection (1)(a) the 12 months runs from the date the information is re-entered on the register.

    (5)     Information may be removed from the register under this section on the initiative of the Secretary or at the request of any person who is directly affected by the publication of the information.

S. 53J inserted by No. 42/2009 s. 27.