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.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.