Proceeds of Crime Act 2002

CHAPTER 6 - INTERPRETING THIS ACT  

PART 6-1 - MEANING OF SOME IMPORTANT CONCEPTS  

Division 2 - Convicted and related concepts  

SECTION 331   Meaning of convicted of an offence  

331(1)  
For the purposes of this Act, a person is taken to be convicted of an offence if:


(a) the person is convicted, whether summarily or on indictment, of the offence; or


(b) the person is charged with, and found guilty of, the offence but is discharged without conviction; or


(c) a court, with the consent of the person, takes the offence, of which the person has not been found guilty, into account in passing sentence on the person for another offence; or


(d) the person * absconds in connection with the offence.

331(2)  
Such a person is taken to have been convicted of the offence in the following State or Territory:


(a) if paragraph (1)(a) applies - the State or Territory in which the person was convicted;


(b) if paragraph (1)(b) applies - the State or Territory in which the person was discharged without conviction;


(c) if paragraph (1)(c) applies - the State or Territory in which the court took the offence into account in passing sentence on the person for the other offence;


(d) if paragraph (1)(d) applies - the State or Territory in which the information was laid alleging the person ' s commission of the offence.

331(3)  
If paragraph (2)(d) applies to a person:


(a) the person is taken to have been convicted of the offence before the Supreme Court of that State or Territory; and


(b) the person is taken to have committed the offence.

331(4)  
This section does not apply to a * foreign serious offence.




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