Supreme Court Act 1933

For this part an acquittal in a criminal proceeding includes—

an order of an appellate court that quashes a conviction or finding of guilt for an offence; and

a verdict, returned or entered, of not guilty of an offence.

However, for this part, an acquittal in a criminal proceeding does not include a special verdict of not guilty of an offence because of mental impairment, returned or entered, under the Crimes Act 1900, division 13.3 or the Criminal Code, section 28 (7).

In this section:

finding of guilt, for an offence, means—

an order made for the offence under the Crimes (Sentencing) Act 2005, section 17 (Non-conviction orders—general); and

a decision by a court to take the offence into account under the Crimes (Sentencing) Act 2005, section 57 (Outstanding additional offences taken into account in sentencing).