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In forceAmended2020 Revised Edition

Part 2A · Spent Criminal Records

7C. Individual disqualified from having criminal record become spent

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Amended

Last amended by an amending law of 2022. 3 amendments in all.

An individual is disqualified from having the record in the register of his or her conviction becoming spent under section 7B if —

(a)

that conviction was for any offence specified in the Third Schedule;

(b)

the sentence imposed on him or her for that conviction included —

(i)

a term of imprisonment exceeding 3 months; or

(ii)

a fine exceeding $2,000;

(c)

that conviction was for a registrable crime committed within 5 years after he or she had been released from —

(i)

an approved institution under the Misuse of Drugs Act 1973; or

(ii)

an approved centre under the Intoxicating Substances Act 1987;

(d)

he or she has been detained or subject to police supervision under section 30(1) of the Criminal Law (Temporary Provisions) Act 1955 at any time before that conviction;

(e)

for the time being, he or she has a warrant of arrest for any offence issued against him or her which remains unexecuted;

(f)

he or she has records in the register of more than one conviction, whether or not those convictions arise from the same particular occasion; or

(g)

he or she has had any previous record in the register of any of his or her convictions become spent under section 7B or treated as spent under section 7D.

Report

Part 3

Identification of Individuals

Part 4

Identification Database

Part 5

Dna Database

Part 6

Removal of Registrable Particulars, Identifying Information, Records and Dna Information from Register, Identification Database and Dna Database

Part 7

Appeal Against Registrar’S Determination Under Section 39

Part 8

Miscellaneous

Schedules