Spent Convictions Act 2021

For the purposes of this Act, a sentence imposed on a person for a conviction includes a custodial term if the sentence is or includes—

an order that the person serve a term of—

imprisonment; or

detention in a youth justice centre or a youth residential centre; or

a court secure treatment order.

Despite subsection (1), a sentence that is or includes an order referred to in paragraph (a) or (b) of that subsection is taken to be a sentence that does not include a custodial term if the length of the custodial term is zero days.

If an aggregate sentence that includes a custodial term of a particular length is imposed on a person under section 362B of the Children, Youth and Families Act 2005 or section 9 of the Sentencing Act 1991, each conviction to which the aggregate sentence relates is taken to have a sentence that includes a custodial term of that length.

For the purposes of this Act, the length of a custodial term is to be determined in accordance with section 5B.