Meaning of disqualified and presumptively disqualified persons
18B Meaning of disqualified and presumptively disqualified persons
For the purposes of this Part, a person is a disqualified person if the person has been found guilty of a disqualification offence committed as an adult (whether the offence was committed, or the finding of guilt made, before or after the commencement of this section).
Despite section 18A(4), for the purposes of subsection (1) a reference to a person being found guilty of a disqualification offence will be taken not to include a reference to—
a finding of a court under Part 8A of the Criminal
Law Consolidation Act 1935 that the objective elements of a disqualification offence are established (whether or not the person was found not guilty of the offence, or was found to be mentally unfit to stand trial, pursuant to Division 2 or 3 of that Part); or
a finding of a court of another jurisdiction that corresponds to a finding referred to in paragraph (a).
For the purposes of this Part, a person is a presumptively disqualified person if—
the person has been found guilty of a presumptive disqualifying offence committed as an adult (whether the offence was committed, or the finding of guilt made, before or after the commencement of this section); or
a finding of a kind referred to in subsection (2) has been made in relation to the person.
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