Spent Convictions Act 2009

A conviction for a prescribed public decency offence is spent if, on application in accordance with the regulations, a qualified magistrate makes an order in accordance with subsection (6) that the conviction is spent.

The following persons may apply for an order under this section:

the convicted person;

a person specified in Schedule 2 clause 1A, in the circumstances specified.

An application under this section may not be made in respect of a conviction for an offence against the laws of another jurisdiction.

An application for an order under this section may be made irrespective of whether the conviction the subject of the application has been spent under section 8.

Schedule 2 applies to an application under this section and to proceedings on an application.

A qualified magistrate must make an order that a conviction for an offence is spent if satisfied that—

the offence is a prescribed public decency offence; and

the convicted person would not have been charged with the offence but for the fact that the conduct engaged in by the person or constituting the offence was suspected of being, or being connected to, homosexual activity; and

the conduct engaged in by the convicted person or constituting the offence would not, at the time the application is considered, constitute an offence under the law of the State.

Despite the fact that a conviction for a prescribed public decency offence may be spent under section 8, the qualified magistrate may make an order under subsection (6) that the conviction is spent under this section and, accordingly, the order applies for the purposes of Schedule 1 clause a1(1)(c).

In considering matters in subsection (6)(c), the qualified magistrate must have regard to the following:

whether any person involved in the conduct that was the subject of the conviction did or did not consent to the conduct;

the ages and respective ages of any persons involved in the conduct that was the subject of the conviction;

any other matter the qualified magistrate reasonably considers relevant in the circumstances.