Spent Convictions Act 2000

This Act is the Spent Convictions Act 2000.

This Act provides a scheme to limit the effect of a person’s conviction for certain offences if the person completes a period of crime-free behaviour.

Under the scheme, after completion of a period of crime-free behaviour, a conviction to which the scheme applies is regarded as spent and, subject to certain exceptions, does not form part of the person’s criminal history and may only be used for certain purposes.

This Act also deals with—

the effect of the quashing of a conviction and the pardoning of an offence; and

the extinguishment of—

youth offence convictions, with limited exceptions; and

historical homosexual offence convictions.

Note See the Discrimination Act 1991, s 7 (1) (k) for discrimination on the ground of irrelevant criminal record. Irrelevant criminal record includes a record relating to a spent or an extinguished conviction (see that Act, dict).

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘conviction—see section 6.’ means that the term ‘conviction’ is defined in that section and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):

 s 19I (Unlawful disclosure of extinguished conviction)

 s 19J (Improperly obtaining information about extinguished convictions).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

For this Act, a person is convicted of an offence if—

the person is convicted of the offence, whether summarily or on indictment; or

the person is charged with the offence and a court finds the person guilty of the offence.

Examples for par (b)

1 the court makes an order under the Crimes (Sentencing) Act 2005, s 17 (Non‑conviction orders—general)

2 the court makes an order under the Children and Young People Act 1999, s 98 (Disposition without proceeding to conviction)

For this Act, the conviction of a person for an offence is spent if—

the conviction is spent under section 12 (When is a conviction spent?); or

the conviction is quashed; or

the person is granted a pardon for the offence.

In this Act, a reference to a conviction that is spent includes a reference to the charge to which the spent conviction related.

For this Act, the conviction of a person for an offence is extinguished if—

for youth offence convictions—section 19GB extinguishes the conviction; or

for historical homosexual offence convictions—the director‑general extinguishes the conviction in accordance with section 19D (Decision on application to have conviction extinguished).

In this Act, a reference to a conviction that is extinguished includes a reference to the charge to which the extinguished conviction related.

For this Act, a person’s conviction for an offence is quashed if—

the conviction is quashed or set aside; or

the finding that the charge was proved is quashed or set aside (except to impose a penalty for the offence).

This Act applies to convictions for Commonwealth offences, State offences and foreign offences as well as convictions for ACT offences.

This Act applies to convictions imposed for Commonwealth offences, State offences and foreign offences with the changes necessary to enable its provisions to apply to those offences in a way that corresponds as closely as possible to the way it applies to ACT offences.

Note The Crimes Act 1914 (Cwlth), pt 7C deals with spent convictions. In particular, s 85ZV (1) of that Act provides, among other things, that a person is not required, in a State or Territory, to disclose to any person, for any purpose, the fact that the person has been charged with, or convicted of, a Commonwealth offence if the person’s conviction for the offence is spent under that Act. (Division 6 of that part provides exclusions.) The subsection is expressed to apply despite, among other things, any state or territory law. Under the Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 28 a provision of a Territory enactment has no effect to the extent to which it is inconsistent with a Commonwealth law in force in the Territory.

This Act applies in relation to a person convicted of an offence whether the person is convicted before or after the commencement of this Act.

Part 2 Spent convictions

Division 2.1 Spent convictions—general

Any conviction (other than a conviction mentioned in subsection (2)) can become spent.

The following convictions cannot become spent convictions:

a conviction for an offence committed by an offender who was at least 14 years old when the offence was committed and for which a sentence of imprisonment of longer than 6 months was imposed;

a conviction for a sexual offence, other than a youth sexual offence conviction;

a conviction of a corporation;

a conviction prescribed under the regulations.

In this section:

sentence of imprisonment does not include the detention of a person under a control order.