CRIMES ACT 1914

PART VIIC - PARDONS, QUASHED CONVICTIONS AND SPENT CONVICTIONS  

Division 3 - Spent convictions  

SECTION 85ZV   SPENT CONVICTIONS  

85ZV(1)   [Commonwealth or Territory conviction spent]  

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 - to 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 - to 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.

85ZV(2)   [State or foreign conviction spent]  

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 - to 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 - to 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.

85ZV(3)   [Lawful nondisclosure under State Law]  

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 - to disclose the fact that the person was charged with, or convicted of, the offence; or


(e) in a State or foreign country - to disclose that fact to any Commonwealth authority in that State or country.




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