Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Under
section 39(2), a court sentencing an offender is not to make a spent
conviction order unless —
(a) it
considers that the offender is unlikely to commit such an offence again; and
(b)
having regard to —
(i)
the fact that the offence is trivial; or
(ii)
the previous good character of the offender,
it considers the
offender should be relieved immediately of the adverse effect that the
conviction might have on the offender.
(2) A spent conviction
order in respect of a conviction is an order that the conviction is a spent
conviction for the purposes of the Spent Convictions Act 1988 .
(3) The
Spent Convictions Act 1988 , other than Part 2, applies to and in
respect of a conviction in respect of which a spent conviction order has been
made.
(4) A spent conviction
order is to be taken as part of the sentence imposed.
(5) A spent conviction
order in respect of a conviction does not affect —
(a) the
right or the duty of a court to —
(i)
disqualify the offender from holding or obtaining a
driver’s licence under the Road Traffic Act 1974 ;
(ii)
make any order under this Act or any other written law on
convicting the offender;
(b) the
operation of any provision of the Road Traffic Act 1974 , or
Part 15, relating to the cancellation of, or disqualification from
holding or obtaining, a driver’s licence under that Act;
(c) the
duty of the offender to comply with the sentence imposed and with any order of
the court in addition to the sentence;
(d) the
revesting or restitution of any property as a result of the conviction;
(e) any
cancellation or disqualification that occurs by operation of any written law;
(f) any
right of appeal against the conviction or the sentence imposed.
(6) A spent conviction
order in respect of a conviction does not prevent —
(a)
proceedings to enforce, or for a variation or contravention of, the sentence;
(b)
subsequent proceedings against the offender for the same offence.