Records of Offences (Access) Act 1981 (Tas)

Records of Offences (Access) Act 1981

An Act to confer on persons a right to have access to records of offences kept in relation to those persons and to provide for related matters [Royal Assent 9 December 1981]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title This Act may be cited as the Records of Offences (Access) Act 1981 .

2. Commencement (1) This section and section 1 shall commence on the date of assent to this Act. (2) Except as provided in subsection (1) , this Act shall commence on such date as may be fixed by proclamation.

3. Interpretation (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires – amendment, in relation to a prescribed record, includes an addition, deletion, or substitution; commencement day means the day fixed under section 2 (2) ; infringement notice means an infringement notice within the meaning of the Monetary Penalties Enforcement Act 2005 ; Magistrates Rule Committee means the committee referred to in section 15AC of the Magistrates Court Act 1987 ; prescribed record means a record kept in Tasmania which – (a) records the finding of a court on the trial of a person charged with an offence or records that a person has been so charged; (b) records information as to whether or not an infringement notice with which a person has been served has been satisfied; or (c) records information as to whether or not a person has been taken to have been convicted under section 20 of the Monetary Penalties Enforcement Act 2005 – but does not include a record so kept which is compiled by a recording authority with respect to an investigation as to whether an offence has or has not been committed or as to whether any particular person has or has not or may or may not have committed the offence; record includes any writing or document and any other record of information however compiled, recorded, or stored, whether in printed form or on microfilm or by electronic process or other means; recording authority means – (a) the Commissioner of Police; (b) the Registrar of Motor Vehicles; or (c) any authority declared by order-in-council made under subsection (2) to be a recording authority for the purposes of this Act; rules means rules of court made for this Act by the Magistrates Rule Committee. (2) The Governor may, by order-in-council, declare any person or body who or which appears to him to keep prescribed records to be a recording authority for the purposes of this Act. (3) A reference in this Act to an offence is a reference to an offence triable summarily or on indictment, and includes a reference to an offence committed or alleged to have been committed before the commencement day and an offence committed or alleged to have been committed outside Tasmania.