CRIMES ACT 1914

PART VIIC - PARDONS, QUASHED CONVICTIONS AND SPENT CONVICTIONS  

Division 2 - Pardons for persons wrongly convicted, and quashed convictions  

SECTION 85ZS   EFFECT OF PARDONS FOR PERSONS WRONGLY CONVICTED  

(1)  
Subject to Division 6 , but despite any other Commonwealth law or any State law or Territory law, where, under section 85ZR , a person is, in particular circumstances or for a particular purpose, to be taken never to have been convicted of an offence:


(a) the person is not required, in those circumstances or for that purpose, to disclose the fact that the person was charged with, or convicted of, the offence;


(b) it is lawful for the person to claim, in those circumstances, or for that purpose, on oath or otherwise, that he or she was not charged with, or convicted of, the offence;


(c) in the case of a Commonwealth offence or a Territory offence - the person is not otherwise subject to any legal duty or disability to which he or she would not have been subject if he or she had not been convicted; and


(d) anyone else who knows, or could reasonably be expected to know, that section 85ZR applies to the person in relation to the offence shall not:


(i) without the person's consent, disclose the fact that the person was charged with, or convicted of, the offence to any other person, or to a Commonwealth authority or State authority, where it is lawful for the first-mentioned person not to disclose it to that other person or that authority; or

(ii) in those circumstances, or for that purpose, take account of the fact that the person was charged with, or convicted of, the offence.

(2)  


Subsection (1) does not affect the generality of section 85ZR .



This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.