Criminal Law (Historical Homosexual Convictions Expungement) Regulation 2018 (Qld)

Criminal Law (Historical Homosexual Convictions Expungement) Regulation 2018

1 Short title This regulation may be cited as the Criminal Law (Historical Homosexual Convictions Expungement) Regulation 2018.

2 Commencement This regulation commences on 30 June 2018.

3 Definitions The dictionary in schedule 3 defines particular words used in this regulation.

4 Requirement for expungement application made by eligible person's guardian or attorney— Act , s 12 (1) This section applies if an expungement application is made for an eligible person by the person's guardian or attorney under an enduring power of attorney under section 11(2) of the Act. (2) For section 12(2)(c) of the Act, the application must be accompanied by— (a) if the application is made by the eligible person's guardian—a certified copy of the order appointing the guardian; or (b) if the application is made by the eligible person's attorney under an enduring power of attorney—a certified copy of the enduring power of attorney.

5 Prescribed evidence of identity— Act , s 12 (1) For section 12(5) of the Act, definition evidence of identity, the evidence of identity prescribed for an applicant is— (a) 1 primary identification document; and (b) 1 secondary identification document. (2) If the applicant's name in a document differs from the applicant's current name, the evidence of identity prescribed for the applicant includes an official document evidencing the applicant's change of name. (3) Each document must be a certified copy of an original document.

6 Prescribed statement for public records about expungement— Act , s 28 For section 28(2)(a)(ii) of the Act, a statement that complies, or substantially complies, with the following is prescribed— 'DO NOT RELEASE By decision dated [insert date], this entry has been expunged under the Criminal Law (Historical Homosexual Convictions Expungement) Act 2017 (the Act) and is not part of the person's criminal history. Disclosure of this entry or information about a legal process associated with this entry may result in penalties under the Act.'.