Eligibility
19E Eligibility
A person is eligible to have a conviction for a historical homosexual offence that involved sexual activity extinguished if the director‑general is satisfied on reasonable grounds that any other person involved in the sexual activity consented to the sexual activity and—
was 16 years old or older; or
was 10 years old or older and not more than 2 years younger than the person; or
for a person who was under the special care of the person within the meaning of the Crimes Act 1900, section 55A (Sexual intercourse with young person under special care)—
was 18 years old or older; or
was under 18 years old and not more than 2 years younger than the person.
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