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s 5

Scope of Act

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5 Scope of Act

(1)

The following convictions (and no other convictions) are capable of becoming spent under this Act:

(a)

a conviction for an eligible adult offence;

(b)

a conviction for an eligible juvenile offence;

(c)

a conviction for a designated sex‑related offence;

(d)

a conviction for a prescribed public decency offence.

(2)

However, the following convictions cannot become spent under this Act:

(a)

a conviction of a body corporate;

(b)

a conviction for a sex offence unless the offence is an eligible sex offence or a designated sex‑related offence;

(c)

a conviction of a class prescribed by the regulations.

(3)

A regulation made under subsection (2)(c) does not affect a conviction that has already become spent under this Act.

(4)

Nothing in this Act affects—

(a)

the enforcement of any process or proceedings relating to any fine or other sum imposed with respect to a spent conviction; or

(b)

any process or proceedings in respect of a breach of a condition or requirement applicable to a sentence imposed in respect of a spent conviction; or

(c)

the operation of any disqualification, disability or other prohibition imposed in respect of or on account of a spent conviction; or

(d)

the imposition or accumulation of demerit points; or

(e)

the exercise of any other enforcement power or the institution or undertaking of any other processes or proceedings by a justice agency.

(5)

Nothing in this Act affects a claim (or any proceedings arising from a claim) for compensation (including statutory compensation) for injury, loss or damage caused by an offence.

(6)

This section applies subject to the operation of section 6.

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