Crimes Regulations 2019

Schedule 2 - Spent convictions  

Note:

See section 21.

CLAUSE 1  

1   EXCLUSIONS FROM DIVISION 3 OF PART VIIC OF THE ACT (SPENT CONVICTIONS)  
For the purposes of paragraph 85ZZH(k) of the Act, Division 3 of Part VIIC of the Act does not apply in relation to the disclosure of information to or by, or the taking into account of information by a person or body mentioned in column 1 of an item in the following table, for a purpose mentioned in column 2 of the item, in relation to a conviction for an offence mentioned in column 3 of the item.


Exclusions from Division 3 of Part VIIC of the Act
Item Column 1 Column 2 Column 3
Person or body Purpose Offence
1 Commonwealth authority (a) Assessing the suitability of a person to be employed or otherwise engaged in work that is likely to involve access to national security information classified as secret or top secret; or Any offence
    (b) providing assistance to a person referred to in paragraph 85ZZH(d) of the Act in relation to the making of a decision referred to in that paragraph (immigration and citizenship decisions)  
2 Defence Force Assessing the suitability of a person for appointment to a position involving the care, instruction or supervision of minors Designated offence
3 (a) Director of Military Prosecutions (within the meaning of the Defence Force Discipline Act 1982 ); or Considering whether to prosecute and making submissions and decisions as to sentence Any offence
  (b) a prosecutor required under that Act to present evidence of a defendant ' s prior convictions    
4 (a) Australian Border Force Commissioner (within the meaning of the Australian Border Force Act 2015 ); or (a) Assessing the suitability of a person to have responsibility for matters relating to law enforcement; or Any offence
  (b) Secretary of the Department administered by the Minister administering Part XII of the Customs Act 1901 (officers) (b) considering whether to prosecute and making submissions as to sentence  
5 Government of New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory or the Northern Territory Assessing the suitability of a person for appointment as a justice of the peace Any offence
6 Person or body that administers a prison in New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory or the Northern Territory Assessing the suitability of a person to have responsibility for the care or control of prisoners Offence involving violence
7 Person or body that employs or otherwise engages persons to provide care for persons with disabilities in residential settings in Victoria Assessing the suitability of a person to have responsibility for the care of persons with disabilities in a residential setting Offence involving violence
8 (a) Commonwealth Government; or Assessing the suitability of a person to be licensed as director, or appointed as the chief executive, of a casino Any offence
  (b) Government of New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory or the Northern Territory    
9 Government of Tasmania Assessing the suitability of a person for appointment to the Poppy Advisory and Control Board mentioned in section 59H of the Poisons Act 1971 (Tas.) as in force from time to time Drug offence
10 Poppy Advisory and Control Board mentioned in section 59H of the Poisons Act 1971 (Tas.) as in force from time to time (a) Assessing the suitability of a person to be the holder of a licence to grow alkaloid poppies; or Drug offence
    (b) assessing the suitability of a person to be employed or otherwise engaged by the Poppy Advisory and Control Board in connection with:  
      (i) processing applications for licences to grow alkaloid poppies; or  
      (ii) monitoring the growing of alkaloid poppies  
11 Person or body that is lawfully engaged in the growing of alkaloid poppies (within the meaning of the Poisons Act 1971 (Tas.)) or the production of opiate alkaloids Assessing the suitability of a person to be employed or otherwise engaged in connection with the growing of alkaloid poppies or the production of opiate alkaloids Drug offence
12 Public library, university library, public archives office or Australian War Memorial Making available material for research, reference or study Any offence
13 Issuing body (within the meaning of the Aviation Transport Security Regulations 2005 ) Assessing whether to issue an ASIC (within the meaning of the Aviation Transport Security Regulations 2005 ) to a person in accordance with Part 6 of that instrument Aviation security offence
14 Person or body that employs or otherwise engages another person to provide services or undertake work at a place where care, instruction or supervision services for minors are provided Assessing the suitability of a person to be employed or otherwise engaged in work that is likely to involve direct contact with minors Designated offence
15 Australian Securities and Investments Commission (a) Considering whether to prosecute and making submissions as to sentence; or Any offence
    (b) assessing prospective employees or prospective members of the Australian Securities and Investments Commission; or  
    (c) assessing persons proposed to be engaged as consultants to, or to perform services for, the Australian Securities and Investments Commission  
16 Minister administering the Australian Securities and Investments Commission Act 2001 Assessing prospective members of the Australian Securities and Investments Commission Any offence
17 Person or body that employs or otherwise engages persons to provide advocacy or care for persons with intellectual disabilities Assessing the suitability of a person: Offence against the person
    (a) to act as an advocate for a person with an intellectual disability; or  
    (b) to have responsibility for the care of a person with an intellectual disability  
18 Person or body that employs or otherwise engages persons to care for or control detainees under the Migration Act 1958 Assessing the suitability of a person to have responsibility for the care or control of a detainee under the Migration Act 1958 Offence involving violence
19 Issuing body (within the meaning of the Maritime Transport and Offshore Facilities Security Regulations 2003 ) Assessing whether to issue an MSIC (within the meaning of the Maritime Transport and Offshore Facilities Security Regulations 2003 ) to a person in accordance with Subdivision 6.1A.4 of that instrument Maritime security offence
20 Secretary (within the meaning of the AusCheck Act 2007 ) or an AusCheck staff member (within the meaning of that Act) The purposes of the AusCheck scheme (within the meaning of the AusCheck Act 2007 ) (a) For an applicant for, or holder of, an ASIC (within the meaning of the AusCheck Act 2007 ) - aviation security offence; or
      (b) for an applicant for, or holder of, an MSIC (within the meaning of the AusCheck Act 2007 ) - maritime security offence; or
      (c) for an individual required to undergo, or who has undergone, an NHS check (within the meaning of the Security Sensitive Biological Agent (SSBA) Standards determined under section 35 of the National Health Security Act 2007 ) - health security offence; or
      (d) for an applicant for, or holder of, an MNE accreditation (within the meaning of the AusCheck Regulations 2017 ) - MNE level 1 disqualifying offence (within the meaning of that instrument).
21 Secretary (within the meaning of the Aviation Transport Security Act 2004 ) Assessing whether to approve the issue of an ASIC (within the meaning of the Aviation Transport Security Regulations 2005 ) to a person in accordance with regulation 6.29 of that instrument Aviation security offence
22 Secretary (within the meaning of the Maritime Transport and Offshore Facilities Security Act 2003 ) Assessing whether to approve the issue of an MSIC (within the meaning of the Maritime Transport and Offshore Facilities Security Regulations 2003 ) to a person in accordance with regulation 6.08F of that instrument Maritime security offence
23 Entity to which Division 5 of Part 3 of the National Health Security Act 2007 applies (entities that handle security-sensitive biological agents) Assessing whether to authorise a person under clause 3.3 of the Security Sensitive Biological Agent (SSBA) Standards determined under section 35 of the National Health Security Act 2007 Health security offence
23A Organising body (within the meaning of the AusCheck Regulations 2017 ) Assessing whether to issue an MNE accreditation (within the meaning of the AusCheck Regulations 2017 ) to an individual in accordance with Part 2 of that instrument MNE level 1 disqualifying offence (within the meaning of the AusCheck Regulations 2017 )
24 Secretary (within the meaning of the Narcotic Drugs Act 1967 ) Assessing whether a person is a fit and proper person to: Any offence
    (a) hold a licence (within the meaning of the Narcotic Drugs Act 1967 ); or  
    (b) be associated with the holder of such a licence  




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