Regulation-making power
23 Regulation-making power
The Executive may make regulations for this Act.
The regulations may provide that this Act or a prescribed provision of this Act does not affect a prescribed Act or a prescribed provision of an Act.
The regulations may provide that a provision of this Act does not apply—
in relation to a conviction, finding or order of a particular kind, or a charge relating to such a conviction, finding or order; or
in relation to a class of persons; or
in relation to particular circumstances.
A regulation made for section 11 (2) (d), the definition of sexual offence in the dictionary, or this section, may provide that, despite this Act, a conviction is taken never to have been spent or never to be capable of becoming spent.
Schedule 1 Reviewable decisions
(see pt 3C)
column 1 item column 2 section column 3 decision column 4 entity
1
19D (1) refuse to extinguish conviction applicant
Dictionary (see s 4)
The Legislation Act contains definitions and other provisions relevant to this Act.
For example, the Legislation Act, dict, pt 1, defines the following terms:
Act
administrative unit
chief police officer
director-general (see s 163)
director of public prosecutions
domestic partner (see s 169 (1))
entity
exercise
function
law, of the Territory
penalty unit (see s 133)
police officer
public employee
State
territory authority
territory law
the Territory.
ACT offence means an offence against a Territory law.
another Territory means a Territory other than this Territory or the Northern Territory.
Commonwealth law means—
a Commonwealth Act other than—
the Australian Capital Territory (Self-Government) Act 1988 (Cwlth); or
the Northern Territory (Self-Government) Act 1978 (Cwlth); or
an instrument made under a Commonwealth Act (other than a Commonwealth Act mentioned in paragraph (a) (i) or (ii)); or
any other legislation that applies as a Commonwealth law (other than legislation so far as it is applied by a Commonwealth Act mentioned in paragraph (a) (i) or (ii)), to the extent that it operates as a Commonwealth law;
and includes a law in force in a Territory other than the Northern Territory or this Territory.
Commonwealth offence means an offence against a Commonwealth law.
control order means an order made under—
the Children and Young People Act 1999, section 96 (1) (k) or (l); or
the Children’s Services Act 1986, section 47 (1) (j) or (k).
conviction—see section 6.
court includes a tribunal.
crime-free period—see section 13.
extinguished, for a conviction—see section 7A.
foreign law means a law of a foreign country.
foreign offence means an offence against a foreign law.
historical homosexual offence, for part 3A (Extinguishing historical homosexual offence convictions)—see section 19A.
law enforcement agency means any of the following:
the Australian Federal Police;
the police service or force of a State, another Territory or a foreign country;
the Department of Home Affairs (Cwlth);
the Australian Crime Commission;
the New South Wales Independent Commission Against Corruption or a similar entity established under the law of another State;
the New South Wales Crime Commission or a similar entity established under the law of another State;
the Attorney-General for the Territory, the Commonwealth, a State or another Territory;
people employed in a government department of the Commonwealth, a State or another Territory and whose primary functions are the beginning or conduct of proceedings for offences;
the Office of the Director of Public Prosecutions or a similar entity established under a Commonwealth or State law;
the director of public prosecutions, or a person performing a similar function under a Commonwealth or State law;
a lawyer to the extent that the lawyer is engaged under a Commonwealth or State law to prosecute offences;
prison officers;
an entity prescribed under the regulations.
prison officer includes a person employed in an entity responsible under the law of the Territory, or of the Commonwealth, a State or a foreign country, for providing correctional services for offenders.
public authority means an administrative unit or territory authority, and includes a person exercising functions for the Territory, an administrative unit or territory authority.
public morality offence, for part 3A (Extinguishing historical homosexual offence convictions)—see section 19A.
quash—see section 8.
reviewable decision, for part 3C (Notification and review of decisions)—see section 19K.
sexual offence means the following offences:
an offence against the Crimes Act 1900, part 3 (Sexual Offences) or part 4 (Female Genital Mutilation);
an offence (for example, an offence against the Crimes Act 1900, section 27 (Acts endangering life etc) or the Criminal Code, section 311 (Burglary)) that includes the commission of, or an intention to commit, an offence mentioned in paragraph (a) or (d);
an offence of attempting, or of conspiracy or incitement, to commit an offence mentioned in paragraph (a), (b) or (d);
an offence (including a Commonwealth offence, State offence or foreign offence) prescribed under the regulations;
an ACT offence committed before the date of commencement of this definition of a similar nature to an offence mentioned in paragraphs (a) to (d);
and includes any Commonwealth offence, State offence or foreign offence that is similar in nature to an ACT offence mentioned in paragraph (a), (b), (c) or (e) or is prescribed under the regulations.
spent, for a conviction—see section 7.
State law means a law in force in a State (other than a Commonwealth law).
State includes the Northern Territory (see Legislation Act, dict, pt 1).
victim, for division 2.2 (Spent convictions—youth sexual offences)—see section 14B.
youth offence conviction—see section 19GA.
youth sexual offence conviction, for part 2 (Spent convictions)—see section 14A.
This Act’s bill:Explanatory statementSecond reading speech
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