Criminal Law (Historical Homosexual Convictions Expungement) Act 2017 (Qld)

Criminal Law (Historical Homosexual Convictions Expungement) Act 2017

An Act to provide for the expungement of particular historical homosexual convictions or charges

Part 1 Preliminary

Division 1 Introduction

1 Short title This Act may be cited as the Criminal Law (Historical Homosexual Convictions Expungement) Act 2017.

2 Commencement This Act commences on a day to be fixed by proclamation.

3 Purpose (1) This Act establishes a scheme for the expungement, on application, of convictions and charges for particular offences involving homosexual activity. (2) The scheme only applies to convictions or charges that happened before 19 January 1991. (3) To the extent provided in this Act, if a person's conviction or charge for an offence is expunged, the person is to be treated in law as if the person had not been convicted of, or charged with, the offence.

4 Act binds all persons (1) This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Subsection (1) does not make the State, the Commonwealth or another State liable to be prosecuted for an offence.

5 Act does not affect lawful acts or entitle person to compensation (1) No provision of this Act affects anything lawfully done before a conviction or charge is expunged. (2) A person who has a conviction or charge expunged under this Act is not entitled to compensation of any kind because the conviction or charge becomes an expunged conviction or expunged charge.

Division 2 Interpretation

6 Definitions The dictionary in schedule 1 defines particular words used in this Act.

7 Meaning of eligible person An eligible person is a person who was convicted of, or charged with, an eligible offence before 19 January 1991.