Western Australian Consolidated Acts

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SECURITY AND RELATED ACTIVITIES (CONTROL) ACT 1996 - SECT 4B

4B .         Term used: finding of guilt

        (1)         In this Act, a reference to a finding of guilt in relation to an offence committed by a person is a reference to any of the following —

            (a)         a court making a formal finding of guilt in relation to the offence;

            (b)         a court convicting the person of the offence, if there has been no formal finding of guilt before conviction;

            (c)         a court accepting a plea of guilty from the person in relation to the offence;

            (d)         a finding under The Criminal Code section 27 that the person is not guilty of the offence on account of unsoundness of mind or a finding under equivalent provisions of the laws of another jurisdiction.

        (2)         For the purposes of this Act —

            (a)         a reference to a finding of guilt does not include a finding of guilt that is subsequently quashed or set aside by a court; and

            (b)         a reference to a conviction includes a reference to a spent conviction.

        (3)         For the purposes of subsection (2)(b), the conviction of a prohibited person becomes spent if, under a law in any jurisdiction, the prohibited person is permitted not to disclose the fact that a finding of guilt has been made in relation to the offence.

        [Section 4B inserted by No. 4 of 2008 s. 6.]



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