Effect of conviction becoming spent
20 Effect of conviction becoming spent
Subject to this Part—
a spent conviction does not form part of a person's criminal record; and
a person is not required to disclose to another person—
the existence of a spent conviction; or
information in relation to a spent conviction; and
a person must not request that another person disclose—
the existence of a spent conviction; or
information in relation to a spent conviction.
A spent conviction is not revived by any subsequent conviction of the person.
This section applies despite anything to the contrary in Subdivision (1) of Division 7 of Part II of the Constitution Act 1975.
Without limiting subsection (3), a reference to a conviction or finding of guilt in section 44(3) of the Constitution Act 1975 does not include a spent conviction.
This Act’s bill:Explanatory memorandumSecond reading speech
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