Annulled Convictions Act 2003 (Tas)

Annulled Convictions Act 2003

An Act to facilitate the rehabilitation of offenders by providing that in certain circumstances minor convictions are annulled for nearly all purposes, to impose restrictions on obtaining and disclosing information about annulled convictions and to make similar provision for quashed convictions and pardons and for related purposes [Royal Assent 17 September 2003]

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:

PART 1 - Preliminary

1. Short title This Act may be cited as the Annulled Convictions Act 2003 .

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

3. Interpretation (1) In this Act, unless the contrary intention appears – adult means a person who has attained the age of 18 years; annulled means – (a) annulled under section 6 or 8 ; or (b) quashed or set aside by a court; or (c) made the subject of a free or conditional pardon; annulled conviction means a conviction that has been annulled; conviction means a conviction recorded against a person for an offence, whether on indictment or summarily or as a result of the person being taken under section 20 of the Monetary Penalties Enforcement Act 2005 to have been convicted of the offence, and whether before or after the commencement of this Act; imprisonment includes detention pursuant to a detention order made under the Youth Justice Act 1997 ; Justice Agency means any of the following: (a) the Australian Federal Police; (b) the police force or service of a State; (c) the Australian Crime Commission established by section 7 of the Australian Crime Commission Act 2002 of the Commonwealth; (d) (e) the Department of Immigration and Border Protection of the Commonwealth; (f) the Attorney-General for the Commonwealth or a State; (g) the Director of Public Prosecutions for the Commonwealth or a State; (h) a person employed in a Government Department or Agency of the Commonwealth or a State, or in a council, and whose primary duties include the prosecution of offences or assisting with the prosecution of offences; (i) the Director of Corrective Services and the equivalent entity in another State; (j) the Parole Board and the equivalent entity in another State; (k) the Registrar or administrator of a Commonwealth or State court; (l) the Secretary of the responsible Department in relation to the Youth Justice Act 1997 and any entity that is responsible for the administration of discrete youth justice legislation in another State; (m) a prescribed body or person; minor conviction means any conviction other than – (a) a conviction for which a sentence of imprisonment of more than 6 months is imposed; or (b) a conviction for a sexual offence; or (c) a prescribed conviction; official criminal record means a record, containing information about the outcome of criminal proceedings, 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 ; or (c) a council; Parole Board means the board established by section 62 of the Corrections Act 1997 ; person means a natural person; sentence of imprisonment includes – (a) any wholly suspended sentence of imprisonment; and (b) any suspended part of a sentence of imprisonment; sexual offence means – (a) an offence under section 124 , 124A , 124B , 124C , 125 , 125A , 125B , 126 , 127 , 127A , 128 , 129 , 133 , 185 or 186 of the Criminal Code ; or (b) an offence under section 122 or 123 of the Criminal Code as in force immediately before 14 May 1997; or (c) an offence under section 298 or 299 of the Criminal Code in respect of an offence referred to in paragraph (a) or (b) ; or (d) an offence under section 8(1A)(a) or 35(3) of the Police Offences Act 1935 ; or (e) an offence under Part 8 of the Classification (Publications, Films and Computer Games) Enforcement Act 1995 in respect of a child abuse product, within the meaning of that Part; State includes Territory; youth means a person who has not attained the age of 18 years. (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. (3) In this Act, a reference to an annulled conviction includes a reference to – (a) the charge to which the conviction related; and (b) any action taken regarding a breach of prison discipline committed during a sentence of imprisonment imposed in relation to the conviction.