Criminal Property Confiscation Act 2000

For the purposes of this Act, a person is taken to have been convicted of a confiscation offence if —

the person has been convicted of the confiscation offence, whether or not —

a spent conviction order is made under section 39 of the Sentencing Act 1995 in respect of the conviction; or

the conviction was deemed not to be a conviction by section 20 of the Offenders Community Corrections Act 1963 ¹;

the person has been charged with and found guilty of a confiscation offence, but is discharged without conviction; or

the confiscation offence was taken into account by a court in sentencing the person for another confiscation offence; or

the person was charged with a confiscation offence but absconded before the charge is finally determined.

For the purposes of this Act, a person’s conviction is taken to have been quashed —

if the person is taken under subsection (1)(a) to have been convicted — if the conviction is quashed or set aside; or

if the person is taken under subsection (1)(b) to have been convicted — if the finding of guilt is quashed or set aside; or

if the person is taken under subsection (1)(c) to have been convicted — if the decision of the court to take the confiscation offence into account is quashed or set aside; or

if the person is taken under subsection (1)(d) to have been convicted — if the person is brought before a court to answer the charge, and the person is discharged in respect of the confiscation offence.