Spent Convictions Act 2021

Subject to subsection (2), the waiting period for a conviction commences on the day a court makes the finding of guilt that constitutes the conviction.

If, after a waiting period commences for a conviction of a person (the first conviction) a subsequent conviction of the person is made during that waiting period (the subsequent conviction), the waiting period for the first conviction is taken to run from the day that the subsequent conviction is made.

Subsection (2) does not apply if the subsequent conviction is a conviction—

for which the only penalty imposed is a fine not exceeding 10 penalty units or, if the fine is imposed outside of Victoria, an amount equivalent to the value of 10 penalty units; or

for which the only penalty imposed is an order to pay an amount as restitution or compensation; or

for which no penalty is imposed; or

for which the court makes a finding of guilt without recording a conviction.

In this section—

money payable by way of restitution or compensation; or

any costs of or incidental to an application for restitution or compensation payable by an offender under an order of a court; or

costs incurred between the parties in a civil proceeding; or

costs incurred by third parties; or

money payable by a person under an order of a court to an organisation that provides a charitable or community service or to the court for payment to such an organisation.