5

The Thin Blue Line's Information Section

 

Home page

 

 

 

The little corner

CRIMES ACT 1914

The Blue Bar of the Law

CRIMES ACT 1914 SECT 85ZV

85ZV Spent convictions
(1)
Subject to Division 6, but despite any other Commonwealth law or any State law or Territory law, if a person's conviction of a Commonwealth offence or a Territory offence is spent, the person is not required:
(a)
in any State or Territory葉o disclose to any person, for any purpose, the fact that the person has been charged with, or convicted of, the offence; or
(b)
in a foreign country葉o disclose to any Commonwealth authority or State authority in that country, for any purpose, the fact that the person has been charged with, or convicted of, the offence.
(2)
Subject to Division 6, but despite any other Commonwealth law or any Territory law, if a person's conviction of a State offence or a foreign offence is spent, the person is not required:
(a)
in any Territory葉o disclose to any person, for any purpose, the fact that the person has been charged with, or convicted of, the offence; or
(b)
in any State or foreign country葉o disclose to any Commonwealth authority in that State or country, for any purpose, the fact that the person has been charged with, or convicted of, the offence.
(3)
Subject to Division 6, but despite any other Commonwealth law or any Territory law, where:
(a)
a person was convicted of a State offence;
(b)
subsection (2) does not apply to the person in relation to the offence; and
(c)
under a law in force in that State, being a law dealing with the disclosure or taking into account of spent convictions (however described in that law) it is lawful for the person, in particular circumstances or for a particular purpose, not to disclose the fact that the person was charged with, or convicted of, the offence;

the person is not required, in corresponding circumstances or for a corresponding purpose:

(d)
in a Territory葉o disclose the fact that the person was charged with, or convicted of, the offence; or
(e)
in a State or foreign country葉o disclose that fact to any Commonwealth authority in that State or country.
Another little corner