Finding of guilt
11 Finding of guilt
A reference to a finding of guilt in relation to an offence committed by a person is a reference to any of the following —
a court making a formal finding of guilt in relation to the offence;
a court convicting the person of the offence, if there has been no formal finding of guilt before conviction;
a court accepting a plea of guilty from the person in relation to the offence;
a finding under The Criminal Code section 27, or an equivalent provision of a law of another Australian jurisdiction, that the person is not guilty of the offence on account of mental impairment.
A finding of guilt that is subsequently quashed or set aside by a court ceases to be a finding of guilt for the purposes of this Act.
A finding of guilt in relation to an offence is a finding of guilt for the purposes of this Act even if it is —
a spent conviction as defined in the Spent Convictions Act 1988 section 3(1); or
a finding of guilt that under a law in any Australian jurisdiction a person is not required to disclose.
[Section 11 amended: No. 23 of 2024 s. 471.]
This Act’s bill:Explanatory memorandumSecond reading speech
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