Australian Capital Territory Consolidated Acts

SPENT CONVICTIONS ACT 2000 - NOTES

(see s 4)

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     administrative unit

              •     CrimTrac

              •     entity

              •     exercise

              •     function

              •     law, of the Territory

              •     penalty unit (see s 133)

              •     State

              •     Territory authority

              •     the Territory.

"ACT offence" means an offence against a Territory law.

"another Territory" means a Territory other than this Territory or the Northern Territory.

"Commonwealth law" means—

        (a)     a Commonwealth Act other than—

              (i)     the Australian Capital Territory (Self-Government) Act 1988 (Cwlth); or

              (ii)     the Northern Territory (Self-Government) Act 1978 (Cwlth); or

        (b)     an instrument made under a Commonwealth Act (other than a Commonwealth Act mentioned in paragraph (a) (i) or (ii)); or

        (c)     any other legislation that applies as a Commonwealth law (other than legislation so far as it is applied by a Commonwealth Act mentioned in paragraph (a) (i) or (ii)), to the extent that it operates as a Commonwealth law;

and includes a law in force in a Territory other than the Northern Territory or this Territory.

"Commonwealth offence" means an offence against a Commonwealth law.

"control order" means an order made under—

        (a)     the Children and Young People Act 1999, section 96 (1) (k) or (l); or

        (b)     the Children's Services Act 1986, section 47 (1) (j) or (k).

"conviction"—see section 6.

"court "includes a tribunal.

"crime-free period"—see section 13.

"foreign law" means a law of a foreign country.

foreign offence means an offence against a foreign law.

"law enforcement agency" means any of the following:

        (a)     the Australian Federal Police;

        (b)     the police service or force of a State, another Territory or a foreign country;

        (c)     the Australian Customs Service;

        (d)     the Australian Crime Commission;

        (e)     CrimTrac;

        (f)     the New South Wales Independent Commission Against Corruption or a similar entity established under the law of another State;

        (g)     the New South Wales Crime Commission or a similar entity established under the law of another State;

        (h)     the Attorney-General for the Territory, the Commonwealth, a State or another Territory;

              (i)     people employed in a government department of the Commonwealth, a State or another Territory and whose primary functions are the beginning or conduct of proceedings for offences;

        (j)     the Office of the Director of Public Prosecutions or a similar entity established under a Commonwealth or State law;

        (k)     the director of public prosecutions, or a person performing a similar function under a Commonwealth or State law;

        (l)     a lawyer to the extent that the lawyer is engaged under a Commonwealth or State law to prosecute offences;

        (m)     prison officers;

        (n)     an entity prescribed under the regulations.

"prison officer" includes a person employed in an entity responsible under the law of the Territory, or of the Commonwealth, a State or a foreign country, for providing correctional services for offenders.

"public authority" means an administrative unit or Territory authority, and includes a person exercising functions for the Territory, an administrative unit or Territory authority.

"quash"—see section 8.

"sexual offence" means the following offences:

        (a)     an offence against the Crimes Act 1900, part 3 (Sexual Offences) or part 3B (Female Genital Mutilation);

        (b)     an offence (such as an offence against the Crimes Act 1900, section 27 (Acts endangering life etc) or the Criminal Code, section 311 (Burglary)) that includes the commission of, or an intention to commit, an offence mentioned in paragraph (a) or (d);

        (c)     an offence of attempting, or of conspiracy or incitement, to commit an offence mentioned in paragraph (a), (b) or (d);

        (d)     an offence (including a Commonwealth offence, State offence or foreign offence) prescribed under the regulations;

        (e)     an ACT offence committed before the date of commencement of this definition of a similar nature to an offence mentioned in paragraphs (a) to (d);

and includes any Commonwealth offence, State offence or foreign offence that is similar in nature to an ACT offence mentioned in paragraph (a), (b), (c) or (e) or is prescribed under the regulations.

"spent", for a conviction—see section 7.

"State law" means a law in force in a State (other than a Commonwealth law).

Note     State includes the Northern Territory (see Legislation Act 2001, dict, pt 1).

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

3     Legislation history

Spent Convictions Act 2000 A2000-48

notified 28 September 2000 (Gaz 2000 No 39)

s 1, s 2 commenced 28 September 2000 (IA s 10B)

remainder commenced 28 March 2001 (IA s 10E)

as amended by

Legislation (Consequential Amendments) Act 2001 A2001-44 pt 366

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 366 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Race and Sports Bookmaking Act 2001 A2001-49 sch 2 pt 4

notified 12 July 2001 (Gaz 2001 No 28)

s 1, s 2 commenced 12 July 2001 (IA s 10B)

sch 2 pt 4 commenced 7 September 2001 (Gaz 2001 No S68)

Prostitution Amendment Act 2002 A2002-35 s 26, s 27

notified LR 8 October 2002

s 1, s 2 commenced 8 October 2002 (LA s 75 (1))
s 26, s 27 commenced 16 December 2002 (s 2 and CN2002-15)

Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.25

notified LR 5 December 2003

s 1, s 2 commenced 5 December 2003 (LA s 75 (1))

sch 3 pt 3.25 commenced 19 December 2003 (s 2)

Australian Crime Commission (ACT) Act 2003 A2003-58 sch 1 pt 1.3

notified LR 17 December 2003

s 1, s 2 commenced 17 December 2003 (LA s 75 (1))

sch 1 pt 1.3 commenced 17 June 2004 (s 2 and LA s 79)

Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 2 pt 2.5

notified LR 26 October 2005

s 1, s 2 commenced 26 October 2005 (LA s 75 (1))

sch 2 pt 2.5 commenced 23 November 2005 (s 2)

Casino Control Act 2006 A2006-2 sch 1 pt 1.5

notified LR 22 February 2006
s 1, s 2 commenced 22 February 2006 (LA s 75 (1))

sch 1 pt 1.5 commenced 1 May 2006 (s 2 and CN2006-6)

Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.33

notified LR 18 May 2006

s 1, s 2 commenced 18 May 2006 (LA s 75 (1))

sch 1 pt 1.33 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)

Firearms Amendment Act 2008 A2008-25 sch 2 pt 2.5

notified LR 15 July 2008

s 1, s 2 commenced 15 July 2008 (LA s 75 (1))

sch 2 pt 2.5 commenced 15 January 2009 (s 2 (1) and LA s 79)

Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.53

notified LR 12 August 2008

s 1, s 2 commenced 12 August 2008 (LA s 75 (1))

sch 3 pt 3.53 commenced 26 August 2008 (s 2)

Road Transport (Alcohol and Drugs) Legislation Amendment Act 2010 A2010-47 pt 1.3

notified LR 25 November 2010

s 1, s 2 commenced 25 November 2010 (LA s 75 (1))

pt 1.3 commenced 1 December 2010 (s 2 (2) and see Road Transport (Alcohol and Drugs) (Random Drug Testing) Amendment Act 2010 A2010-27, s 2 and CN2010-15)

Road Transport (Alcohol and Drugs) Legislation Amendment Act 2011 A2011-15 pt 7

notified LR 12 May 2011

s 1, s 2 commenced 12 May 2011 (LA s 75 (1))

pt 7 commenced 13 May 2011 (s 2)

ACT Teacher Quality Institute Amendment Act 2011 A2011-34 s 21

notified LR 5 September 2011

s 1, s 2 commenced 5 September 2011 (LA s 75 (1))

s 21 commenced 4 October 2011 (s 2 and CN2011-10)

Security Industry Amendment Act 2011 A2011-37 pt 4

notified LR 27 September 2011

s 1, s 2 commenced 27 September 2011 (LA s 75 (1))

pt 4 awaiting commencement (s 2)

Note     default commencement under s 2 (2): 27 September 2012 (LA s 79 does not apply to this Act)

Working with Vulnerable People (Consequential Amendments) Act 2011 A2011-45 sch 1 pt 1.4

notified LR 8 November 2011

s 1, s 2 commenced 8 November 2011 (LA s 75 (1))

sch 1 pt 1.4 commences on the commencement of the Working with Vulnerable People (Background Checking) Act 2011 A2011-44 s 3 (s 2)

Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1 pt 1.35

notified LR 22 November 2011

s 1, s 2 commenced 22 November 2011 (LA s 75 (1))

sch 1 pt 1.35 commenced 1 March 2012 (s 2 (1) and see Evidence Act 2011 A2011-12, s 2 and CN2012-4)

Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.50

notified LR 28 November 2011

s 1, s 2 commenced 28 November 2011 (LA s 75 (1))

sch 3 pt 3.50 commenced 12 December 2011 (s 2)

4     Amendment history

Commencement
s 2     om A2001-44 amdt 1.3907

Overview of Act
s 3     am A2003-56 amdt 3.230

Dictionary
s 4     sub A2003-56 amdt 3.231

Meaning of conviction
s 6     am A2003-56 amdt 3.232; A2006-23 amdt 1.282, amdt 1.283

Meaning of spent conviction
s 7     am A2006-23 amdt 1.284

Which convictions can become spent?
s 11     am A2006-23 amdt 1.285, amdt 1.286

When is a conviction spent?
s 12     am A2003-56 amdt 3.233, amdt 3.234; A2006-23 amdt 1.287, amdt 1.288; ss renum R8 LA (see A2006-23 amdt 1.289)

What is a crime-free period?
s 13     am A2003-56 amdt 3.230

How are traffic offences to be dealt with?
s 14     am A2010-47 amdt 1.6; A2011-15 ss 88-91

What are the consequences of a conviction becoming spent?
s 16     am A2001-44 amdt 1.3908, amdt 1.3909

Exclusions
s 19     am A2001-49 amdt 2.28, amdt 2.29; A2002-35 s 26; ss renum R3 LA (see 2002 No 35 s 27); A2006-2 amdt 1.18, amdt 1.19; A2008-28 amdt 3.162; A2008-25 amdt 2.10; A2011-34 s 21; ss renum R13 LA; A2011-48 amdt 1.52

Regulation-making power
s 23     am A2001-44 amdt 1.3910

Amendment of Discrimination Act
pt 5 hdg     om R1 LRA

Grounds
s 24     om R1 LRA

Dictionary
dict     am A2003-56 amdt 3.236; A2011-52 amdt 3.188
    def ACT offence am A2003-56 amdt 3.237
    def casino om A2003-56 amdt 3.238
    def correctional agency om A2003-56 amdt 3.239
    def function om A2003-56 amdt 3.240
    def law enforcement agency am A2003-56 amdt 3.241, amdt 3.242; A2003-58 amdt 1.3; pars renum R5 LA (see A2003-58 amdt 1.4); A2011-52 amdt 3.189
    def prison officer sub A2003-56 amdt 3.243
    def public authority am A2003-56 amdt 3.244
    def sexual offence am A2005-53 amdt 2.26

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	not amended	1 July 2001
2	A2001-49	12 September 2001
3	A2002-35	16 December 2002
4	A2003-58	19 December 2003
5	A2003-58	17 June 2004
6	A2005-53	23 November 2005
7	A2006-2	1 May 2006
8	A2006-23	2 June 2006
9	A2008-28	26 August 2008
10	A2008-28	15 January 2009
11	A2010-47	1 December 2010
12	A2011-15	13 May 2011
13	A2011-34	4 October 2011
14	A2011-52	12 December 2011

© Australian Capital Territory 2012

Australian Capital Territory

A2000-48

Republication No 15

Effective: 1 March 2012

Republication date: 1 March 2012

Last amendment made by A2011-52
(republication for amendments by A2011-48)





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Spent Convictions Act 2000

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 March 2012

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 March 2012

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory

Spent Convictions Act 2000

Endnotes21

Spent Convictions Act 2000