Expungement of Historical Offences Act 2017 (Tas)

Expungement of Historical Offences Act 2017

An Act to provide for a scheme to enable charges and convictions for certain historical homosexual offences and other offences to be expunged, and for related purposes [Royal Assent 21 November 2017]

Be it enacted by Her 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:

PART 1 - Preliminary

1. Short title This Act may be cited as the Expungement of Historical Offences Act 2017 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation (1) In this Act – ACC means the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 of the Commonwealth or, if ACC is replaced by another body or agency that performs functions substantially similar to ACC's national policing information functions (as defined in section 4 of that Act), that body or agency; applicant means a person who makes an application; application means an application under section 6 ; charge means a charge against a person for a historical offence and includes the following: (a) a charge on an arrest; (b) a complaint under the Justices Act 1959 ; (c) a charge by a court; (d) an indictment; conviction means a conviction for a historical offence recorded against a person, whether on indictment or summarily; cross-dressing offence means – (a) an offence under section 8(1)(d) of the Police Offences Act 1935 as in force before 12 April 2001; or (b) an offence of attempting to commit an offence referred to in paragraph (a) ; or (c) an offence of inciting, instigating, aiding, or abetting, the commission of an offence referred to in paragraph (a) ; data controller means the following: (a) the Registrar of the Supreme Court; (b) the Administrator of the Magistrates Court appointed under section 16 of the Magistrates Court Act 1987 ; (c) the Commissioner of Police; (d) the person for the time being holding, or acting in, the office of the Director of Public Prosecutions established by section 3(1) of the Director of Public Prosecutions Act 1973 ; eligible person means – (a) a person referred to in section 6(2) ; or (b) a person who was charged with a historical offence and is deceased or lacks legal capacity to make an application; expunged charge means a charge expunged under section 12(6) that has not ceased to be expunged under section 20 ; expunged conviction means a conviction expunged under section 12(6) that has not ceased to be expunged under section 20 ; historical offence means – (a) a homosexual offence; or (b) a cross-dressing offence; homosexual offence means – (a) a sexual offence or a public morality offence; or (b) an offence of attempting to commit an offence referred to in paragraph (a) ; or (c) an offence of inciting, instigating, aiding, or abetting, the commission of an offence referred to in paragraph (a) ; official criminal record means a record, containing information of criminal proceedings relating to a historical offence, kept by – (a) a court of this State; or (b) a Government department, or State authority, within the meaning of the State Service Act 2000 ; public morality offence means an offence, other than a sexual offence, as in force at any time – (a) the essence of which is the maintenance of public decency or morality; and (b) by which homosexual behaviour could be punished; regulations means regulations made and in force under this Act; Secretary means the Secretary of the Department; sexual offence means an offence under a law as in force at any time by which sexual activity of a homosexual nature, whether penetrative or non-penetrative, could be punished, whether or not heterosexual sexual activity could also be punished by the offence. (2) For the purposes of this Act, where a court finds a person guilty of an offence but does not proceed to record a conviction, the finding is to be regarded as a conviction.