{"id":"a-2000-48","name":"Spent Convictions Act 2000","slug":"spent-convictions-act-2000","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"48 of 2000","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24317,"registerId":"act-a-2000-48-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Spent Convictions Act 2000","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nSpent Convictions Act 2000\nA2000-48\nRepublication No 33\nEffective: 26 November 2025\nRepublication date: 26 November 2025\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Spent Convictions Act 2000 (including any amendment made under\nthe Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 November 2025. It also\nincludes any commencement, amendment, repeal or expiry affecting this republished law to\n26 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M appears\nimmediately before the provision heading. The text of the modifying provision appears in the\nendnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR33\n26/11/25\nSpent Convictions Act 2000\nEffective: 26/11/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nSpent Convictions Act 2000\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Overview of Act 2\n4 Dictionary 3\n5 Notes 3\n5A Offences against Act—application of Criminal Code etc 3\n6 Meaning of conviction 4\n7 Meaning of spent conviction 4\n7A Meaning of extinguished conviction 4\n8 Meaning of quash 5\n9 Act applies to convictions for offences against non-ACT laws 5\n10 Act applies to existing convictions 6\n\nContents\nPage\ncontents 2 Spent Convictions Act 2000\nEffective: 26/11/25\nR33\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Spent convictions\nDivision 2.1 Spent convictions—general\n11 Which convictions can become spent? 7\n12 When is a conviction spent? 7\n13 What is the crime-free period? 9\n14 How are traffic offences to be dealt with? 9\nDivision 2.2 Spent convictions—youth sexual offences\n14A Meaning of youth sexual offence conviction—pt 2 11\n14B Meaning of victim—div 2.2 12\n14C Application for youth sexual offence conviction to be spent 12\n14D Chief police officer and DPP to be notified of application 13\n14E Transfer of application to other courts 13\n14F Order for spent youth sexual offence conviction 14\nDivision 2.3 Spent convictions—revival\n15 Spent convictions generally not revived 15\nPart 3 Consequences of a conviction becoming\nspent\n16 What are the consequences of a conviction becoming spent? 16\n17 Unlawful disclosure of a conviction becoming spent 16\n18 Improperly obtaining information about spent convictions 17\n19 Exclusions 17\nPart 3A Extinguishing historical homosexual offence\nconvictions\n19A Definitions—pt 3A 21\n19B Application to have conviction extinguished 22\n19C Request for additional information 23\n19D Decision on application to have conviction extinguished 23\n19E Eligibility 24\n19F Director-general may obtain information 25\n19G Restriction on right to re-apply 25\n\nContents\nPage\nR33\n26/11/25\nSpent Convictions Act 2000\nEffective: 26/11/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3AA Extinguishing youth offence convictions\n19GA Meaning of youth offence conviction 26\n19GB Youth offence convictions extinguished 26\nPart 3B Consequences of extinguished convictions\n19H Consequences of conviction becoming extinguished 27\n19I Unlawful disclosure of extinguished conviction 28\n19J Improperly obtaining information about extinguished convictions 29\nPart 3C Notification and review of decisions\n19K Meaning of reviewable decision––pt 3C 30\n19L Reviewable decision notices 30\n19M Applications for review 30\nPart 4 Miscellaneous\n20 Act does not authorise contravention of other laws 31\n21 Act does not affect certain other lawful acts 31\n22 Act does not authorise destruction of records 31\n22A Approved forms 31\n23 Regulation-making power 31\nSchedule 1 Reviewable decisions 33\nDictionary 34\nEndnotes\n1 About the endnotes 39\n2 Abbreviation key 39\n3 Legislation history 40\n4 Amendment history 45\n5 Earlier republications 49\n\n\n\nR33\n26/11/25\nSpent Convictions Act 2000\nEffective: 26/11/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nSpent Convictions Act 2000\nAn Act to limit the effect of a person’s conviction for certain offences if the\nperson completes a period of crime-free behaviour, to make provision about\nextinguished convictions, quashed convictions and pardons, and for other\npurposes\n\nPart 1 Preliminary\nSection 1\npage 2 Spent Convictions Act 2000\nEffective: 26/11/25\nR33\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Spent Convictions Act 2000.\n3 Overview of Act\n(1) This Act provides a scheme to limit the effect of a person’s conviction\nfor certain offences if the person completes a period of crime-free\nbehaviour.\n(2) Under the scheme, after completion of a period of crime-free\nbehaviour, a conviction to which the scheme applies is regarded as\nspent and, subject to certain exceptions, does not form part of the\nperson’s criminal history and may only be used for certain purposes.\n(3) This Act also deals with—\n(a) the effect of the quashing of a conviction and the pardoning of\nan offence; and\n(b) the extinguishment of—\n(i) youth offence convictions, with limited exceptions; and\n(ii) historical homosexual offence convictions.\nNote See the Discrimination Act 1991, s 7 (1) (k) for discrimination on the\nground of irrelevant criminal record. Irrelevant criminal record includes\na record relating to a spent or an extinguished conviction (see that Act,\ndict).\n\nPreliminary Part 1\nSection 4\nR33\n26/11/25\nSpent Convictions Act 2000\nEffective: 26/11/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘conviction—see section 6.’ means\nthat the term ‘conviction’ is defined in that section and the definition\napplies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n5 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n5A Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to the following offences against this\nAct (see Code, pt 2.1):\n• s 19I (Unlawful disclosure of extinguished conviction)\n• s 19J (Improperly obtaining information about extinguished\nconvictions).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPart 1 Preliminary\nSection 6\npage 4 Spent Convictions Act 2000\nEffective: 26/11/25\nR33\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Meaning of conviction\nFor this Act, a person is convicted of an offence if—\n(a) the person is convicted of the offence, whether summarily or on\nindictment; or\n(b) the person is charged with the offence and a court finds the\nperson guilty of the offence.\nExamples for par (b)\n1 the court makes an order under the Crimes (Sentencing) Act 2005, s 17\n(Non-conviction orders—general)\n2 the court makes an order under the Children and Young People Act 1999, s 98\n(Disposition without proceeding to conviction)\n7 Meaning of spent conviction\n(1) For this Act, the conviction of a person for an offence is spent if—\n(a) the conviction is spent under section 12 (When is a conviction\nspent?); or\n(b) the conviction is quashed; or\n(c) the person is granted a pardon for the offence.\n(2) In this Act, a reference to a conviction that is spent includes a\nreference to the charge to which the spent conviction related.\n7A Meaning of extinguished conviction\n(1) For this Act, the conviction of a person for an offence is extinguished\nif—\n(a) for youth offence convictions—section 19GB extinguishes the\nconviction; or\n(b) for historical homosexual offence convictions—the\ndirector-general extinguishes the conviction in accordance with\nsection 19D (Decision on application to have conviction\nextinguished).\n\nPreliminary Part 1\nSection 8\nR33\n26/11/25\nSpent Convictions Act 2000\nEffective: 26/11/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) In this Act, a reference to a conviction that is extinguished includes\na reference to the charge to which the extinguished conviction related.\n8 Meaning of quash\nFor this Act, a person’s conviction for an offence is quashed if—\n(a) the conviction is quashed or set aside; or\n(b) the finding that the charge was proved is quashed or set aside\n(except to impose a penalty for the offence).\n9 Act applies to convictions for offences against non-ACT\nlaws\n(1) This Act applies to convictions for Commonwealth offences, State\noffences and foreign offences as well as convictions for ACT\noffences.\n(2) This Act applies to convictions imposed for Commonwealth offences,\nState offences and foreign offences with the changes necessary to\nenable its provisions to apply to those offences in a way that\ncorresponds as closely as possible to the way it applies to ACT\noffences.\nNote The Crimes Act 1914 (Cwlth), pt 7C deals with spent convictions. In\nparticular, s 85ZV (1) of that Act provides, among other things, that a\nperson is not required, in a State or Territory, to disclose to any person,\nfor any purpose, the fact that the person has been charged with, or\nconvicted of, a Commonwealth offence if the person’s conviction for the\noffence is spent under that Act. (Division 6 of that part provides\nexclusions.) The subsection is expressed to apply despite, among other\nthings, any state or territory law. Under the Australian Capital Territory\n(Self-Government) Act 1988 (Cwlth), s 28 a provision of a Territory\nenactment has no effect to the extent to which it is inconsistent with a\nCommonwealth law in force in the Territory.\n\nPart 1 Preliminary\nSection 10\npage 6 Spent Convictions Act 2000\nEffective: 26/11/25\nR33\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Act applies to existing convictions\nThis Act applies in relation to a person convicted of an offence\nwhether the person is convicted before or after the commencement of\nthis Act.\n\nSpent convictions Part 2\nSpent convictions—general Division 2.1\nSection 11\nR33\n26/11/25\nSpent Convictions Act 2000\nEffective: 26/11/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Spent convictions\nDivision 2.1 Spent convictions—general\n11 Which convictions can become spent?\n(1) Any conviction (other than a conviction mentioned in subsection (2))\ncan become spent.\n(2) The following convictions cannot become spent convictions:\n(a) a conviction for an offence committed by an offender who was\nat least 14 years old when the offence was committed and for\nwhich a sentence of imprisonment of longer than 6 months was\nimposed;\n(b) a conviction for a sexual offence, other than a youth sexual\noffence conviction;\n(c) a conviction of a corporation;\n(d) a conviction prescribed under the regulations.\n(3) In this section:\nsentence of imprisonment does not include the detention of a person\nunder a control order.\n12 When is a conviction spent?\n(1) A conviction (other than a youth sexual offence conviction) is spent\non completion of the relevant crime-free period, unless it is earlier\nspent under this section.\n(2) A youth sexual offence conviction is spent on the making of an order\nunder section 14F.\n\nPart 2 Spent convictions\nDivision 2.1 Spent convictions—general\nSection 12\npage 8 Spent Convictions Act 2000\nEffective: 26/11/25\nR33\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If a charge for an offence is dismissed under either of the following\nprovisions, the finding of guilt for the offence (however described) is\nspent on the dismissal of the charge:\n(a) the Crimes (Sentencing) Act 2005, section 17 (Non-conviction\norders—general);\n(b) the Children and Young People Act 1999, section 98\n(Disposition without proceeding to conviction).\n(4) If an order under the Crimes (Sentencing) Act 2005, section 17\n(Non-conviction orders—general) is a good behaviour order subject\nto a condition, the order is spent only when the condition is\ncompletely satisfied.\n(5) An order reprimanding a person under the Children and Young\nPeople Act 1999, section 96 (1) (or 98 (2) (b)) or the Children’s\nServices Act 1986, section 47 (1) (or 48 (k)) is spent on the making\nof the order.\n(6) A conditional discharge order, order for the payment of reparation or\ncompensation, or attendance centre order, under the Children and\nYoung People Act 1999, section 96 (1) (or 98 (2) (b)) or the Children’s\nServices Act 1986, section 47 (1) (or 48 (k)) is spent on satisfactory\ncompliance with the order.\n(7) A probation order under the Children and Young People Act 1999,\nsection 96 (1) (or 98 (2) (b)) or the Children’s Services Act 1986,\nsection 47 (1) (or 48 (k)) is spent at the end of the period for which\nthe order is in force.\n(8) A conviction for an offence of a kind that has ceased, by operation of\nlaw, to be an offence is spent when the offence ceased to be an\noffence, if the offence is prescribed under the regulations to be an\noffence to which this subsection applies.\n\nSpent convictions Part 2\nSpent convictions—general Division 2.1\nSection 13\nR33\n26/11/25\nSpent Convictions Act 2000\nEffective: 26/11/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n13 What is the crime-free period?\n(1) In this section:\nrelevant period, in relation to the conviction of a person for an\noffence, means—\n(a) if the person was not dealt with as an adult in relation to the\nconviction—5 consecutive years; or\n(b) in any other case—10 consecutive years.\n(2) The crime-free period for a person for an offence is the relevant\nperiod during which the person has not been—\n(a) subject to a control order; or\n(b) convicted of an offence punishable by imprisonment; or\n(c) in prison because of a conviction for an offence; or\n(d) unlawfully at large in relation to an offence.\nNote Under s 14, convictions for traffic offences are considered separately\nfrom non-traffic offences in defining the crime-free period.\n14 How are traffic offences to be dealt with?\n(1) In this section:\ndrive—see the Road Transport (Safety and Traffic Management)\nAct 1999, dictionary.\ndriver trainer––see the Road Transport (Alcohol and Drugs)\nAct 1977, dictionary.\nmotor vehicle—see the Road Transport (General) Act 1999,\ndictionary.\nnon-traffic offence means any offence except a traffic offence.\nroad transport legislation—see the Road Transport (General)\nAct 1999, section 6.\n\nPart 2 Spent convictions\nDivision 2.1 Spent convictions—general\nSection 14\npage 10 Spent Convictions Act 2000\nEffective: 26/11/25\nR33\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ntraffic offence means any offence arising out of the use of a motor\nvehicle, and includes any offence against the road transport\nlegislation.\ntrailer—see the Road Transport (Safety and Traffic Management)\nAct 1999, dictionary.\nuse a motor vehicle or trailer includes drive, stop or park the motor\nvehicle or trailer.\n(2) A conviction for a traffic offence, and any period of imprisonment\nimposed because of such a conviction, are disregarded in calculating\nthe crime-free period for a conviction for a non-traffic offence.\nNote A conviction for a traffic offence is relevant only in calculating the\ncrime-free period for a conviction for an earlier traffic offence.\n(3) A conviction for a non-traffic offence, and any period of\nimprisonment imposed because of such a conviction, are disregarded\nin calculating the crime-free period for a conviction for a traffic\noffence.\nNote A conviction for a non-traffic offence is relevant only in calculating the\ncrime-free period for an earlier non-traffic offence.\n(4) However, a conviction for any of the following offences is relevant\nin calculating the crime-free period for any conviction (whether for a\ntraffic offence or a non-traffic offence):\n(a) an offence against the Crimes Act 1900, section 29 (Culpable\ndriving);\n(b) any other offence against the Crimes Act 1900 where a necessary\nfact to constitute the offence is that someone dies or is injured\nbecause of, or as a result of, the way the convicted person drove\na motor vehicle;\n\nSpent convictions Part 2\nSpent convictions—youth sexual offences Division 2.2\nSection 14A\nR33\n26/11/25\nSpent Convictions Act 2000\nEffective: 26/11/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) an offence against the Road Transport (Alcohol and Drugs)\nAct 1977, part 3 (which is about drivers and driver trainers\nhaving the prescribed concentration of alcohol in blood or\nbreath, driving or driver training with a prescribed drug in oral\nfluid or blood, refusing to provide a breath sample, oral fluid,\nblood test for analysis, failing to stay for a drug screening test\nand driving or driver training under the influence of intoxicating\nliquor);\n(d) an offence against the Road Transport (Safety and Traffic\nManagement) Act 1999, section 6 (1) (which is about negligent\ndriving) that occasions death or grievous bodily harm (within\nthe meaning of that subsection);\n(e) an offence against the Road Transport (Safety and Traffic\nManagement) Act 1999, section 7 (1) (which is about furious,\nreckless and dangerous driving);\n(f) an offence against the Road Transport (Safety and Traffic\nManagement) Act 1999, section 8 (1) or (2) (which are about\nmenacing driving);\n(g) an offence prescribed under the regulations for this subsection.\nDivision 2.2 Spent convictions—youth sexual\noffences\n14A Meaning of youth sexual offence conviction—pt 2\nIn this part:\nyouth sexual offence conviction means a conviction for a sexual\noffence—\n(a) committed by a person who was not dealt with as an adult when\nconvicted for the offence; and\n\nPart 2 Spent convictions\nDivision 2.2 Spent convictions—youth sexual offences\nSection 14B\npage 12 Spent Convictions Act 2000\nEffective: 26/11/25\nR33\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) for which—\n(i) a sentence of imprisonment of not longer than 6 months\nhas been imposed; or\n(ii) no sentence of imprisonment has been imposed.\n14B Meaning of victim—div 2.2\n(1) For this division, each of the following is a victim of an offender:\n(a) a person (a primary victim) who suffers harm because of an\noffence by the offender;\n(b) if a primary victim dies because of an offence by the offender—\na person who was financially or psychologically dependent on\nthe primary victim immediately before the primary victim’s\ndeath.\n(2) In this section:\nbecause of—see the Crimes (Sentencing) Act 2005, section 47.\nharm—see the Crimes (Sentencing) Act 2005, section 47.\n14C Application for youth sexual offence conviction to be\nspent\n(1) A person with a youth sexual offence conviction may, on or after\ncompletion of the relevant crime-free period, apply to the court for an\norder that the conviction is spent.\n(2) An application must—\n(a) be in writing; and\n(b) state the following:\n(i) the applicant’s name, address and date of birth;\n(ii) the applicant’s name and address at the time of the\nconviction;\n\nSpent convictions Part 2\nSpent convictions—youth sexual offences Division 2.2\nSection 14D\nR33\n26/11/25\nSpent Convictions Act 2000\nEffective: 26/11/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) to the extent known to the applicant, the date when and the\ncourt where the applicant was convicted.\n(3) In this section:\ncourt means—\n(a) if the applicant was convicted in the Supreme Court—the\nSupreme Court; or\n(b) if the applicant was convicted in the Magistrates Court, or does\nnot know which court they were convicted in—the Magistrates\nCourt.\n14D Chief police officer and DPP to be notified of application\n(1) The applicant must give written notice of the application to the chief\npolice officer and director of public prosecutions.\n(2) The chief police officer and director of public prosecutions may make\nsubmissions, orally or in writing, in relation to the application.\n(3) Before deciding whether to make submissions, the director of public\nprosecutions must—\n(a) take reasonable steps to give notice of the application to the\nvictim of the offender; and\nExample\nnotify Victim Support ACT of the application\n(b) take into account any views expressed by the victim.\n14E Transfer of application to other courts\n(1) If an application made to the Magistrates Court relates to a conviction\nby the Supreme Court, the Magistrates Court may transfer the\napplication to the Supreme Court.\n(2) If an application made to the Supreme Court relates to a conviction\nby the Magistrates Court, the Supreme Court may transfer the\napplication to the Magistrates Court.\n\nPart 2 Spent convictions\nDivision 2.2 Spent convictions—youth sexual offences\nSection 14F\npage 14 Spent Convictions Act 2000\nEffective: 26/11/25\nR33\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If the applicant is under 18 years old when an application is made, the\ncourt to which the application is made may transfer the application to\nthe Children’s Court.\n14F Order for spent youth sexual offence conviction\n(1) The court hearing an application may order that a youth sexual\noffence conviction is spent if satisfied it is in the public interest to\nmake the order.\n(2) In considering whether it is in the public interest to make an order,\nthe court must have regard to the following:\n(a) the nature, circumstances and seriousness of the offence for\nwhich the applicant was convicted;\n(b) the length of the sentence imposed;\n(c) the length of time since the offence was committed;\n(d) any views of a victim of the offence;\n(e) the circumstances of the applicant;\nExample\nwhether the conviction restricts the applicant from engaging in a particular\ntrade\n(f) any risk posed by the applicant to public safety if the order was\nmade.\n(3) The hearing of the application may be conducted in open court or in\nthe absence of the public as the court directs, having regard to—\n(a) the victim’s right to privacy; and\n(b) whether the identity of the applicant was protected in relation to\nthe offence to which the application relates; and\n(c) anything else the court considers relevant.\n\nSpent convictions Part 2\nSpent convictions—revival Division 2.3\nSection 15\nR33\n26/11/25\nSpent Convictions Act 2000\nEffective: 26/11/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 2.3 Spent convictions—revival\n15 Spent convictions generally not revived\n(1) A conviction of a person for an offence (the first offence) that is spent\nis not revived by the subsequent conviction of the person for another\noffence (the later offence).\n(2) However, if the later offence was committed during the crime-free\nperiod for the first offence and—\n(a) the person is convicted summarily of the later offence by an\nACT court—the court may order that this part ceases to apply to\nthe person in relation to the first offence until the crime-free\nperiod for the later offence has ended; or\n(b) the person is convicted on indictment of the later offence by an\nACT court—this part automatically ceases to apply to the person\nin relation to the first offence until the crime-free period for the\nlater offence has ended; or\n(c) the person is convicted of the later offence by a court of the\nCommonwealth, a State or Territory or a foreign country—this\npart automatically ceases to apply to the person in relation to the\nfirst offence until the crime-free period for the later offence has\nended.\n(3) While this part does not apply to the person in relation to the first\noffence, the conviction of the person for the first offence is not a spent\nconviction.\n\nPart 3 Consequences of a conviction becoming spent\nSection 16\npage 16 Spent Convictions Act 2000\nEffective: 26/11/25\nR33\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Consequences of a conviction\nbecoming spent\n16 What are the consequences of a conviction becoming\nspent?\nIf a conviction of a person is spent—\n(a) the person is not required to disclose information about the spent\nconviction to anyone; and\n(b) a question about the person’s criminal history is taken not to\nrefer to the spent conviction, but to refer only to any of the\nperson’s convictions that are not spent; and\n(c) in applying an Act to the person—\n(i) a reference to a conviction (however expressed) is taken\nnot to refer to the spent conviction, but to refer only to any\nof the person’s convictions that are not spent; and\n(ii) a reference to the person’s character (however expressed)\ndoes not allow or require anyone to take the spent\nconviction into account.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations (see Legislation\nAct, s 104).\n17 Unlawful disclosure of a conviction becoming spent\n(1) A person who has access to records of convictions kept by or on\nbehalf of a public authority must not, without lawful authority,\ndisclose any information about a spent conviction.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n\nConsequences of a conviction becoming spent Part 3\nSection 18\nR33\n26/11/25\nSpent Convictions Act 2000\nEffective: 26/11/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) It is not an offence for an archive or library (or an authorised officer\nor employee of an archive or library) to make available to a member\nof the public, or to another archive or library, in accordance with the\nnormal procedures of the archive or library, material that is normally\navailable for public use and that contains information about a spent\nconviction.\n(3) It is not an offence for a law enforcement agency (or an authorised\nofficer or employee of a law enforcement agency) in the exercise of\nits functions (or of the functions of the authorised officer or\nemployee) to make information about a spent conviction available to\nanother law enforcement agency or to a court.\n18 Improperly obtaining information about spent convictions\nA person must not fraudulently or dishonestly obtain information\nabout a spent conviction from records of convictions kept by or on\nbehalf of a public authority.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n19 Exclusions\n(1) Section 16 does not apply in relation to an application by a person—\n(a) for an appointment or employment as a judge, magistrate, justice\nof the peace, police officer, prison officer, teacher, teacher’s\naide, childcare provider, aged care provider or provider of care\nfor people with a disability, or childcare worker, educator, aged\ncare worker or worker with people with a disability; or\n(b) to be appointed, employed or otherwise engaged (whether or not\nfor financial reward) in any other capacity—\n(i) in relation to the care, instruction or supervision of\nchildren, older people or people with a disability; or\n\nPart 3 Consequences of a conviction becoming spent\nSection 19\npage 18 Spent Convictions Act 2000\nEffective: 26/11/25\nR33\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) at a school, education and care service, childcare centre,\nhospital, community care facility, residential care facility,\nor any other place where care, instruction, supervision or\nany other services are provided (or proposed to be\nprovided) for children, older people or people with a\ndisability; or\n(iii) by an entity that provides care, instruction, supervision or\nany other services for children, older people or people with\na disability; or\n(iv) as a casino employee under the Casino Control Act 2006;\nor\n(c) for an interactive gambling licence under the Interactive\nGambling Act 1998; or\n(d) to be permitted to provide care, instruction, supervision or any\nother services for children, older people or people with a\ndisability; or\n(e) for registration under the Working with Vulnerable People\n(Background Checking) Act 2011.\n(2) Section 16 does not apply in relation to an application by a person\nconvicted of arson or attempted arson to be appointed, employed or\notherwise engaged (whether or not for financial reward) in any other\ncapacity in fire fighting or fire prevention.\n(3) Section 16 does not apply in relation to a proceeding before a court\n(including the giving of evidence) or the making of a decision by a\ncourt (including a decision about sentencing).\n(4) However, a court before which evidence of a spent conviction is\nadmitted must, in appropriate circumstances, take the steps\nreasonably available to it to prevent or minimise publication of the\nevidence.\n(5) Section 16 does not apply in relation to the making of a decision under\nthe Firearms Act 1996 about a person’s suitability.\n\nConsequences of a conviction becoming spent Part 3\nSection 19\nR33\n26/11/25\nSpent Convictions Act 2000\nEffective: 26/11/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) Section 16 does not apply in relation to the making of a decision under\nthe Casino Control Act 2006 about whether a person is an eligible\nperson for that Act.\n(7) Section 16 does not apply in relation to the making of an application\nfor, or for the renewal of, a licence or approval under the Race and\nSports Bookmaking Act 2001.\n(8) Section 16 does not apply to a notice or police report under the Sex\nWork Act 1992, part 2 (Registration).\n(9) Section 16 does not apply to a conviction that is spent under\nsection 12 (When is a conviction spent?) in relation to—\n(a) the making of an application for a licence under the Security\nIndustry Act 2003; and\n(b) the giving of a police certificate under that Act;\n(c) the making of a decision about issuing a licence under that Act.\n(10) Section 16 does not apply in relation to an application for, or the\nrenewal of, a registration or permit to teach under the ACT Teacher\nQuality Institute Act 2010.\n(11) This Act does not affect any of the following provisions:\n(a) the Crimes Act 1900, section 291 (Evidence of previous\nconviction charged in indictment);\n(b) the Evidence Act 2011, part 3.5 (Evidence of judgments and\nconvictions) and part 3.8 (Character).\n(12) In this section:\nchildcare centre includes a childcare centre within the meaning of the\nChildren and Young People Act 2008, section 733.\n\nPart 3 Consequences of a conviction becoming spent\nSection 19\npage 20 Spent Convictions Act 2000\nEffective: 26/11/25\nR33\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\neducation and care service—\n(a) means an education and care service within the meaning of the\nEducation and Care Services National Law (ACT), section 5;\nbut\n(b) does not include a family day care service within the meaning\nof the Education and Care Services National Law (ACT),\nsection 5.\neducator—see the Education and Care Services National Law (ACT),\nsection 5.\nNote The Education and Care Services National Law (ACT) Act 2011, s 6\napplies the Education and Care Services National Law set out in the\nEducation and Care Services National Law Act 2010 (Vic), schedule as\nif it were an ACT law called the Education and Care Services National\nLaw (ACT).\n\nExtinguishing historical homosexual offence convictions Part 3A\nSection 19A\nR33\n26/11/25\nSpent Convictions Act 2000\nEffective: 26/11/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3A Extinguishing historical\nhomosexual offence convictions\n19A Definitions—pt 3A\nIn this part:\nhistorical homosexual offence means—\n(a) an offence under the following sections of the Crimes Act 1900,\nbefore the offence was repealed by the Crimes (Amendment)\nOrdinance (No 5) 1985, section 7:\n(i) section 79 (Buggery and bestiality) to the extent that the\noffence relates to buggery;\n(ii) section 80 (Attempt, &c., to commit buggery);\n(iii) section 81 (Indecent assault on male); or\n(b) an offence under another law prescribed by regulation to the\nextent that the offence was—\n(i) constituted by a person engaging in any form of sexual\nactivity with another person of the same sex; or\n(ii) a public morality offence; or\n(c) an offence of attempting, or of conspiracy or incitement, to\ncommit an offence mentioned in paragraph (a) or (b).\npublic morality offence means an offence—\n(a) the essence of which is the maintenance of public decency or\nmorality; and\n(b) by which homosexual behaviour could be punished.\n\nPart 3A Extinguishing historical homosexual offence convictions\nSection 19B\npage 22 Spent Convictions Act 2000\nEffective: 26/11/25\nR33\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n19B Application to have conviction extinguished\n(1) A person convicted of a historical homosexual offence may apply to\nthe director-general for the conviction to be extinguished.\n(2) An application—\n(a) must be made—\n(i) in writing; or\n(ii) in any other way the director-general is satisfied on\nreasonable grounds is appropriate; and\n(b) must state the following:\n(i) the applicant’s name, address and date of birth;\n(ii) the applicant’s name and address at the time of the\nconviction;\n(iii) to the extent known to the applicant, the date when and the\ncourt where the applicant was convicted; and\n(c) may include any other information that may assist the\ndirector-general to decide the application.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n(3) If the person has died, an application may be made on behalf of the\nperson by—\n(a) the person’s legal personal representative; or\n(b) a domestic partner, parent, child or sibling of the person; or\n(c) a person who was in a close personal relationship with the\nperson immediately before the person’s death; or\n(d) if another person was involved in the activity that constituted the\noffence—the other person.\n\nExtinguishing historical homosexual offence convictions Part 3A\nSection 19C\nR33\n26/11/25\nSpent Convictions Act 2000\nEffective: 26/11/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n19C Request for additional information\n(1) The director-general may, in writing, request the applicant to give the\ndirector-general additional information or documents that the\ndirector-general reasonably needs to decide the application.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n(2) If the applicant does not comply with the request, the director-general\nmay refuse to consider the application further.\n(3) The applicant is taken to have complied with the request if the\napplicant satisfies the director-general that the applicant is unable to\ncomply with the request.\n19D Decision on application to have conviction extinguished\n(1) On application by a person under section 19B (Application to have\nconviction extinguished), the director-general must—\n(a) extinguish a conviction; or\n(b) refuse to extinguish a conviction.\n(2) The director-general must not extinguish the conviction unless\nsatisfied—\n(a) if the conviction was for an offence that involved sexual\nactivity—that the convicted person is eligible to have the\nconviction extinguished under section 19E; and\n(b) of any other matters prescribed by regulation.\n(3) The director-general must not refuse to extinguish a conviction\nunless—\n(a) the director-general has given the applicant written notice of the\nproposed refusal; and\n(b) the notice—\n(i) states the reasons for the proposed refusal; and\n\nPart 3A Extinguishing historical homosexual offence convictions\nSection 19E\npage 24 Spent Convictions Act 2000\nEffective: 26/11/25\nR33\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) includes a copy of any records relating to the conviction\nheld by or accessible to the director-general; and\n(iii) states that further information may be given to the\ndirector-general in relation to the application not later than\n14 days after the day the notice is given to the applicant;\nand\nNote For how documents may be given, see the Legislation Act,\npt 19.5.\n(c) the director-general has considered any further information\ngiven by the applicant to the director-general under paragraph\n(b) (iii).\n(4) The director-general must tell the applicant, in writing, of the decision\nunder subsection (1) and, if the decision is to refuse to extinguish the\nconviction, the reasons for it.\n(5) If the director-general extinguishes the conviction the\ndirector-general must tell the chief police officer about the decision.\nNote The director-general must also give the person a reviewable decision\nnotice in relation to a decision to refuse to extinguish the conviction (see\ns 19L).\n19E Eligibility\nA person is eligible to have a conviction for a historical homosexual\noffence that involved sexual activity extinguished if the\ndirector-general is satisfied on reasonable grounds that any other\nperson involved in the sexual activity consented to the sexual activity\nand—\n(a) was 16 years old or older; or\n(b) was 10 years old or older and not more than 2 years younger\nthan the person; or\n\nExtinguishing historical homosexual offence convictions Part 3A\nSection 19F\nR33\n26/11/25\nSpent Convictions Act 2000\nEffective: 26/11/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) for a person who was under the special care of the person within\nthe meaning of the Crimes Act 1900, section 55A (Sexual\nintercourse with young person under special care)—\n(i) was 18 years old or older; or\n(ii) was under 18 years old and not more than 2 years younger\nthan the person.\n19F Director-general may obtain information\nThe director-general may, by written notice, require 1 or more of the\nfollowing entities to provide the director-general with the information\nrequested in the notice to enable a decision to be made under\nsection 19D (Decision on application to have conviction\nextinguished):\n(a) a public employee;\n(b) a police officer;\n(c) a court;\n(d) the director of public prosecutions;\n(e) an entity prescribed by regulation.\n19G Restriction on right to re-apply\n(1) This section applies to a person whose application to have a\nconviction extinguished (the earlier application) has been refused by\nthe director-general under section 19D (Decision on application to\nhave conviction extinguished).\n(2) The person may have a further application in relation to that\nconviction considered by the director-general only if the\ndirector-general is satisfied on reasonable grounds that other\nnecessary supporting information became available after the earlier\napplication was decided.\n\nPart 3AA Extinguishing youth offence convictions\nSection 19GA\npage 26 Spent Convictions Act 2000\nEffective: 26/11/25\nR33\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3AA Extinguishing youth offence\nconvictions\n19GA Meaning of youth offence conviction\nFor this Act:\nyouth offence conviction means a conviction for an offence\ncommitted by a person who was under 14 years old when the offence\nwas committed.\n19GB Youth offence convictions extinguished\n(1) A youth offence conviction (other than a conviction mentioned in\nsubsection (3)) is extinguished.\n(2) A youth offence conviction spent before the commencement of this\nsection is extinguished under this section.\n(3) A youth offence conviction is not extinguished if the offence for\nwhich the conviction was imposed—\n(a) is an offence mentioned in table 19GB; and\n(b) was committed by a person who was at least 12 years old.\nTable 19GB\ncolumn 1\nitem\ncolumn 2\noffence\n1 Crimes Act 1900, s 12 (Murder)\n2 Crimes Act 1900, s 19 (Intentionally inflicting grievous bodily harm)\n3 Crimes Act 1900, s 51 (Sexual assault in the first degree)\n4 Crimes Act 1900, s 57 (Act of indecency in the first degree)\n\nConsequences of extinguished convictions Part 3B\nSection 19H\nR33\n26/11/25\nSpent Convictions Act 2000\nEffective: 26/11/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3B Consequences of extinguished\nconvictions\n19H Consequences of conviction becoming extinguished\n(1) The following applies to a person whose conviction has been\nextinguished:\n(a) the person is not required to disclose information about the\nextinguished conviction to anyone;\n(b) a question about the person’s criminal history is taken not to\nrefer to the extinguished conviction;\n(c) in applying an Act to the person—\n(i) a reference to a conviction (however expressed) is taken\nnot to refer to the extinguished conviction; and\n(ii) a reference to the person’s character (however expressed)\ndoes not allow or require anyone to take the extinguished\nconviction into account.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations (see Legislation\nAct, s 104).\n(2) The following also applies to a person whose youth offence\nconviction has been extinguished:\n(a) in applying an Act to the person, the person is taken never to\nhave committed or to have been charged with, convicted of, or\nsentenced for the offence the subject of the extinguished\nconviction (the offence);\n(b) it is lawful for the person to state in a proceeding before a court\nor tribunal that the person has not been charged with or\nconvicted of the offence.\n\nPart 3B Consequences of extinguished convictions\nSection 19I\npage 28 Spent Convictions Act 2000\nEffective: 26/11/25\nR33\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) This section has effect despite the Health Practitioner Regulation\nNational Law (ACT), section 77 (4), section 79 (3) and\nsection 135 (3).\n(4) However, subsections (1) and (2) do not apply in relation to an\napplication by a person for registration under—\n(a) the Working with Vulnerable People (Background Checking)\nAct 2011; or\n(b) a corresponding law within the meaning of that Act, dictionary.\n19I Unlawful disclosure of extinguished conviction\n(1) A person commits an offence if the person—\n(a) has access to records of convictions kept by or on behalf of a\npublic authority; and\n(b) discloses any information about an extinguished conviction to\nsomeone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(2) Subsection (1) does not apply to—\n(a) an archive or library, or an authorised officer of an archive or\nlibrary, that makes available to a member of the public, or to\nanother archive or library, under the normal procedures of the\narchive or library, material that is normally available for public\nuse and that contains information about an extinguished\nconviction; or\n(b) a public authority that has a record of an extinguished\nconviction, or an authorised officer of the authority, that makes\ninformation about the conviction available to the convicted\nperson; or\n\nConsequences of extinguished convictions Part 3B\nSection 19J\nR33\n26/11/25\nSpent Convictions Act 2000\nEffective: 26/11/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the director-general, or any person acting under the direction of\nthe director-general, in informing a public authority that holds\ninformation about convictions that a particular conviction is an\nextinguished conviction.\n(3) This section has effect despite the Health Practitioner Regulation\nNational Law (ACT), section 77 (4), section 79 (3) and\nsection 135 (3).\n19J Improperly obtaining information about extinguished\nconvictions\nA person must not fraudulently or dishonestly obtain information\nabout an extinguished conviction from records of convictions kept by\nor on behalf of a public authority.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n\nPart 3C Notification and review of decisions\nSection 19K\npage 30 Spent Convictions Act 2000\nEffective: 26/11/25\nR33\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3C Notification and review of\ndecisions\n19K Meaning of reviewable decision––pt 3C\nIn this part:\nreviewable decision means a decision mentioned in schedule 1,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n19L Reviewable decision notices\nIf the director-general makes a reviewable decision, the\ndirector-general must give a reviewable decision notice to each entity\nmentioned in schedule 1, column 4 in relation to the decision.\nNote The director-general must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n19M Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\nMiscellaneous Part 4\nSection 20\nR33\n26/11/25\nSpent Convictions Act 2000\nEffective: 26/11/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Miscellaneous\n20 Act does not authorise contravention of other laws\nThis Act does not authorise a person to disclose a conviction or to\ntake a conviction into account if to do so would contravene any other\nlaw.\n21 Act does not affect certain other lawful acts\nThis Act does not affect anything lawfully done before a conviction\nis spent, extinguished or quashed or a pardon is granted.\n22 Act does not authorise destruction of records\nThis Act does not authorise the destruction by or on behalf of a public\nauthority of a record relating to a spent conviction, an extinguished\nconviction, quashed conviction or pardon.\n22A Approved forms\n(1) The director-general may approve forms for this Act.\n(2) If the director-general approves a form for a particular purpose, the\napproved form must be used for the purpose.\n(3) An approved form is a notifiable instrument.\n23 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) The regulations may provide that this Act or a prescribed provision\nof this Act does not affect a prescribed Act or a prescribed provision\nof an Act.\n\nPart 4 Miscellaneous\nSection 23\npage 32 Spent Convictions Act 2000\nEffective: 26/11/25\nR33\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The regulations may provide that a provision of this Act does not\napply—\n(a) in relation to a conviction, finding or order of a particular kind,\nor a charge relating to such a conviction, finding or order; or\n(b) in relation to a class of persons; or\n(c) in relation to particular circumstances.\n(4) A regulation made for section 11 (2) (d), the definition of sexual\noffence in the dictionary, or this section, may provide that, despite\nthis Act, a conviction is taken never to have been spent or never to be\ncapable of becoming spent.\n\nReviewable decisions Schedule 1\nR33\n26/11/25\nSpent Convictions Act 2000\nEffective: 26/11/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Reviewable decisions\n(see pt 3C)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 19D (1) refuse to extinguish conviction applicant\n\nDictionary\npage 34 Spent Convictions Act 2000\nEffective: 26/11/25\nR33\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 4)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• Act\n• administrative unit\n• chief police officer\n• director-general (see s 163)\n• director of public prosecutions\n• domestic partner (see s 169 (1))\n• entity\n• exercise\n• function\n• law, of the Territory\n• penalty unit (see s 133)\n• police officer\n• public employee\n• State\n• territory authority\n• territory law\n• the Territory.\nACT offence means an offence against a Territory law.\nanother Territory means a Territory other than this Territory or the\nNorthern Territory.\nCommonwealth law means—\n(a) a Commonwealth Act other than—\n(i) the Australian Capital Territory (Self-Government)\nAct 1988 (Cwlth); or\n\nDictionary\nR33\n26/11/25\nSpent Convictions Act 2000\nEffective: 26/11/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) the Northern Territory (Self-Government) Act 1978\n(Cwlth); or\n(b) an instrument made under a Commonwealth Act (other than a\nCommonwealth Act mentioned in paragraph (a) (i) or (ii)); or\n(c) any other legislation that applies as a Commonwealth law (other\nthan legislation so far as it is applied by a Commonwealth Act\nmentioned in paragraph (a) (i) or (ii)), to the extent that it\noperates as a Commonwealth law;\nand includes a law in force in a Territory other than the Northern\nTerritory or this Territory.\nCommonwealth offence means an offence against a Commonwealth\nlaw.\ncontrol order means an order made under—\n(a) the Children and Young People Act 1999, section 96 (1) (k)\nor (l); or\n(b) the Children’s Services Act 1986, section 47 (1) (j) or (k).\nconviction—see section 6.\ncourt includes a tribunal.\ncrime-free period—see section 13.\nextinguished, for a conviction—see section 7A.\nforeign law means a law of a foreign country.\nforeign offence means an offence against a foreign law.\nhistorical homosexual offence, for part 3A (Extinguishing historical\nhomosexual offence convictions)—see section 19A.\nlaw enforcement agency means any of the following:\n(a) the Australian Federal Police;\n(b) the police service or force of a State, another Territory or a\nforeign country;\n\nDictionary\npage 36 Spent Convictions Act 2000\nEffective: 26/11/25\nR33\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the Department of Home Affairs (Cwlth);\n(d) the Australian Crime Commission;\n(e) the New South Wales Independent Commission Against\nCorruption or a similar entity established under the law of\nanother State;\n(f) the New South Wales Crime Commission or a similar entity\nestablished under the law of another State;\n(g) the Attorney-General for the Territory, the Commonwealth, a\nState or another Territory;\n(h) people employed in a government department of the\nCommonwealth, a State or another Territory and whose primary\nfunctions are the beginning or conduct of proceedings for\noffences;\n(i) the Office of the Director of Public Prosecutions or a similar\nentity established under a Commonwealth or State law;\n(j) the director of public prosecutions, or a person performing a\nsimilar function under a Commonwealth or State law;\n(k) a lawyer to the extent that the lawyer is engaged under a\nCommonwealth or State law to prosecute offences;\n(l) prison officers;\n(m) an entity prescribed under the regulations.\nprison officer includes a person employed in an entity responsible\nunder the law of the Territory, or of the Commonwealth, a State or a\nforeign country, for providing correctional services for offenders.\npublic authority means an administrative unit or territory authority,\nand includes a person exercising functions for the Territory, an\nadministrative unit or territory authority.\npublic morality offence, for part 3A (Extinguishing historical\nhomosexual offence convictions)—see section 19A.\n\nDictionary\nR33\n26/11/25\nSpent Convictions Act 2000\nEffective: 26/11/25\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nquash—see section 8.\nreviewable decision, for part 3C (Notification and review of\ndecisions)—see section 19K.\nsexual offence means the following offences:\n(a) an offence against the Crimes Act 1900, part 3 (Sexual Offences)\nor part 4 (Female Genital Mutilation);\n(b) an offence (for example, an offence against the Crimes Act 1900,\nsection 27 (Acts endangering life etc) or the Criminal Code,\nsection 311 (Burglary)) that includes the commission of, or an\nintention to commit, an offence mentioned in paragraph (a)\nor (d);\n(c) an offence of attempting, or of conspiracy or incitement, to\ncommit an offence mentioned in paragraph (a), (b) or (d);\n(d) an offence (including a Commonwealth offence, State offence\nor foreign offence) prescribed under the regulations;\n(e) an ACT offence committed before the date of commencement\nof this definition of a similar nature to an offence mentioned in\nparagraphs (a) to (d);\nand includes any Commonwealth offence, State offence or foreign\noffence that is similar in nature to an ACT offence mentioned in\nparagraph (a), (b), (c) or (e) or is prescribed under the regulations.\nspent, for a conviction—see section 7.\nState law means a law in force in a State (other than a Commonwealth\nlaw).\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\nvictim, for division 2.2 (Spent convictions—youth sexual offences)—\nsee section 14B.\n\nDictionary\npage 38 Spent Convictions Act 2000\nEffective: 26/11/25\nR33\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nyouth offence conviction—see section 19GA.\nyouth sexual offence conviction, for part 2 (Spent convictions)—see\nsection 14A.\n\nEndnotes\nAbout the endnotes 1\nR33\n26/11/25\nSpent Convictions Act 2000\nEffective: 26/11/25\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 40 Spent Convictions Act 2000\nEffective: 26/11/25\nR33\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nSpent Convictions Act 2000 A2000-48\nnotified 28 September 2000 (Gaz 2000 No 39)\ns 1, s 2 commenced 28 September 2000 (IA s 10B)\nremainder commenced 28 March 2001 (IA s 10E)\nas amended by\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 366\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 366 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nRace and Sports Bookmaking Act 2001 A2001-49 sch 2 pt 4\nnotified 12 July 2001 (Gaz 2001 No 28)\ns 1, s 2 commenced 12 July 2001 (IA s 10B)\nsch 2 pt 4 commenced 7 September 2001 (Gaz 2001 No S68)\nProstitution Amendment Act 2002 A2002-35 s 26, s 27\nnotified LR 8 October 2002\ns 1, s 2 commenced 8 October 2002 (LA s 75 (1))\ns 26, s 27 commenced 16 December 2002 (s 2 and CN2002-15)\nStatute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.25\nnotified LR 5 December 2003\ns 1, s 2 commenced 5 December 2003 (LA s 75 (1))\nsch 3 pt 3.25 commenced 19 December 2003 (s 2)\nAustralian Crime Commission (ACT) Act 2003 A2003-58 sch 1 pt 1.3\nnotified LR 17 December 2003\ns 1, s 2 commenced 17 December 2003 (LA s 75 (1))\nsch 1 pt 1.3 commenced 17 June 2004 (s 2 and LA s 79)\nCriminal Code (Administration of Justice Offences) Amendment\nAct 2005 A2005-53 sch 2 pt 2.5\nnotified LR 26 October 2005\ns 1, s 2 commenced 26 October 2005 (LA s 75 (1))\nsch 2 pt 2.5 commenced 23 November 2005 (s 2)\n\nEndnotes\nLegislation history 3\nR33\n26/11/25\nSpent Convictions Act 2000\nEffective: 26/11/25\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nCasino Control Act 2006 A2006-2 sch 1 pt 1.5\nnotified LR 22 February 2006\ns 1, s 2 commenced 22 February 2006 (LA s 75 (1))\nsch 1 pt 1.5 commenced 1 May 2006 (s 2 and CN2006-6)\nSentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.33\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nsch 1 pt 1.33 commenced 2 June 2006 (s 2 (1) and see Crimes\n(Sentence Administration) Act 2005 A2005-59 s 2, Crimes\n(Sentencing) Act 2005 A2005-58, s 2 and LA s 79)\nFirearms Amendment Act 2008 A2008-25 sch 2 pt 2.5\nnotified LR 15 July 2008\ns 1, s 2 commenced 15 July 2008 (LA s 75 (1))\nsch 2 pt 2.5 commenced 15 January 2009 (s 2 (1) and LA s 79)\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.53\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.53 commenced 26 August 2008 (s 2)\nRoad Transport (Alcohol and Drugs) Legislation Amendment\nAct 2010 A2010-47 pt 1.3\nnotified LR 25 November 2010\ns 1, s 2 commenced 25 November 2010 (LA s 75 (1))\npt 1.3 commenced 1 December 2010 (s 2 (2) and see Road Transport\n(Alcohol and Drugs) (Random Drug Testing) Amendment Act 2010\nA2010-27, s 2 and CN2010-15)\nRoad Transport (Alcohol and Drugs) Legislation Amendment\nAct 2011 A2011-15 pt 7\nnotified LR 12 May 2011\ns 1, s 2 commenced 12 May 2011 (LA s 75 (1))\npt 7 commenced 13 May 2011 (s 2)\nACT Teacher Quality Institute Amendment Act 2011 A2011-34 s 21\nnotified LR 5 September 2011\ns 1, s 2 commenced 5 September 2011 (LA s 75 (1))\ns 21 commenced 4 October 2011 (s 2 and CN2011-10)\n\nEndnotes\n3 Legislation history\npage 42 Spent Convictions Act 2000\nEffective: 26/11/25\nR33\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSecurity Industry Amendment Act 2011 A2011-37 pt 4\nnotified LR 27 September 2011\ns 1, s 2 commenced 27 September 2011 (LA s 75 (1))\npt 4 commenced 27 September 2012 (s 2 (2))\nWorking with Vulnerable People (Consequential Amendments) Act\n2011 A2011-45 sch 1 pt 1.4\nnotified LR 8 November 2011\ns 1, s 2 commenced 8 November 2011 (LA s 75 (1))\nsch 1 pt 1.4 commenced 8 November 2012 (s 2 and see Working with\nVulnerable People (Background Checking) Act 2011 A2011-44 s 2 (2))\nEvidence (Consequential Amendments) Act 2011 A2011-48 sch 1\npt 1.35\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.35 commenced 1 March 2012 (s 2 (1) and see Evidence\nAct 2011 A2011-12, s 2 and CN2012-4)\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.50\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 3 pt 3.50 commenced 12 December 2011 (s 2)\nCrimes (Sentencing) Amendment Act 2014 A2014-58 sch 1 pt 1.4\nnotified LR 4 December 2014\ns 1, s 2 commenced 4 December 2014 (LA s 75 (1))\nsch 1 pt 1.4 commenced 5 December 2014 (s 2)\nSpent Convictions (Historical Homosexual Convictions\nExtinguishment) Amendment Act 2015 A2015-45\nnotified LR 6 November 2015\ns 1, s 2 commenced 6 November 2015 (LA s 75 (1))\nremainder commenced 7 November 2015 (s 2)\nStatute Law Amendment Act 2015 (No 2) A2015-50 sch 3 pt 3.32\nnotified LR 25 November 2015\ns 1, s 2 commenced 25 November 2015 (LA s 75 (1))\nsch 3 pt 3.32 commenced 9 December 2015 (s 2)\n\nEndnotes\nLegislation history 3\nR33\n26/11/25\nSpent Convictions Act 2000\nEffective: 26/11/25\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nCrimes (Sentencing and Restorative Justice) Amendment Act 2016\nA2016-4 sch 1 pt 1.10\nnotified LR 24 February 2016\ns 1, s 2 commenced 24 February 2016 (LA s 75 (1))\nsch 1 pt 1.10 commenced 2 March 2016 (s 2 (1))\nDiscrimination Amendment Act 2016 A2016-49 sch 1 pt 1.6\nnotified LR 23 August 2016\ns 1, s 2 commenced 23 August 2016 (LA s 75 (1))\nsch 1 pt 1.6 commenced 24 August 2016 (s 2 (1))\nStatute Law Amendment Act 2017 A2017-4 sch 3 pt 3.32\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 3 pt 3.32 commenced 9 March 2017 (s 2)\nRoad Transport Reform (Light Rail) Legislation Amendment Act 2017\nA2017-21 sch 1 pt 1.15\nnotified LR 8 August 2017\ns 1, s 2 commenced 8 August 2017 (LA s 75 (1))\nsch 1 pt 1.15 commenced 15 August 2017 (s 2)\nProstitution Amendment Act 2018 A2018-25 sch 1 pt 1.4\nnotified LR 8 August 2018\ns 1, s 2 commenced 8 August 2018 (LA s 75 (1))\nsch 1 pt 1.4 commenced 9 August 2018 (s 2)\nStatute Law Amendment Act 2018 A2018-42 sch 3 pt 33\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 3 pt 3.33 commenced 22 November 2018 (s 2 (1))\nJustice Legislation Amendment Act 2020 A2020-42 pt 28\nnotified LR 27 August 2020\ns 1, s 2 commenced 27 August 2020 (LA s 75 (1))\npt 28 commenced 27 February 2021 (s 2 (6) and LA s 79)\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.55\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.55 commenced 23 June 2021 (s 2 (1))\n\nEndnotes\n3 Legislation history\npage 44 Spent Convictions Act 2000\nEffective: 26/11/25\nR33\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nCrimes Legislation Amendment Act 2023 A2023-33 sch 2 pt 2.7\nnotified LR 6 September 2023\ns 1, s 2 commenced 6 September 2023 (LA s 75 (1))\nsch 2 pt 2.7 commenced 13 September 2023 (s 2)\nJustice (Age of Criminal Responsibility) Legislation Amendment\nAct 2023 A2023-45 pt 9\nnotified LR 15 November 2023\ns 1, s 2 commenced 15 November 2023 (LA s 75 (1))\nss 122-124, s 126, s 128, ss 130-132 commenced 22 November 2023\n(s 2 (1))\npt 9 remainder commenced 1 July 2025 (s 2 (3))\nEducation and Care Services (National Law (ACT) Amendment\nAct 2024 A2024-33 sch 1 pt 1.7\nnotified LR 10 July 2024\ns 1, s 2 commenced 10 July 2024 (LA s 75 (1))\nsch 1 pt 1.7 commenced 11 July 2024 (s 2 (1))\nCrimes Legislation Amendment Act 2025 A2025-9 pt 3\nnotified LR 17 April 2025\ns 1, s 2 commenced 17 April 2025 (LA s 75 (1))\npt 3 commenced 1 July 2025 (s 2 and see Justice (Age of Criminal\nResponsibility) Legislation Amendment Act 2023 A2023-45 s 2 (3))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.88, sch 4\npt 4.167\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.88, sch 4 pt 4.167 commenced 26 November 2025 (s 2 (3),\n(9))\n\nEndnotes\nAmendment history 4\nR33\n26/11/25\nSpent Convictions Act 2000\nEffective: 26/11/25\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nLong title\nlong title am A2015-45 s 4\nCommencement\ns 2 om A2001-44 amdt 1.3907\nOverview of Act\ns 3 am A2003-56 amdt 3.230; A2015-45 s 5; A2016-49 amdt 1.24;\namdt 1.25; A2021-12 amdt 3.167; A2023-45 s 122\nDictionary\ns 4 sub A2003-56 amdt 3.231\nOffences against Act—application of Criminal Code etc\ns 5A ins A2015-45 s 6\nMeaning of conviction\ns 6 am A2003-56 amdt 3.232; A2006-23 amdt 1.282, amdt 1.283\nMeaning of spent conviction\ns 7 am A2006-23 amdt 1.284\nMeaning of extinguished conviction\ns 7A ins A2015-45 s 7\nam A2023-45 s 123\nSpent convictions—general\ndiv 2.1 hdg ins A2020-42 s 140\nWhich convictions can become spent?\ns 11 am A2006-23 amdt 1.285, amdt 1.286; A2014-58 amdt 1.6;\nA2016-4 amdt 1.18; A2020-42 s 141; A2023-45 s 124, s 125\nWhen is a conviction spent?\ns 12 am A2003-56 amdt 3.233, amdt 3.234; A2006-23 amdt 1.287,\namdt 1.288; ss renum R8 LA (see A2006-23 amdt 1.289);\nA2020-42 s 142; ss renum R27 LA; A2023-33 amdt 2.33\nWhat is a crime-free period?\ns 13 am A2003-56 amdt 3.230\nHow are traffic offences to be dealt with?\ns 14 am A2010-47 amdt 1.6; A2011-15 ss 88-91; A2017-21\namdt 1.36\nSpent convictions—youth sexual offences\ndiv 2.2 hdg ins A2020-42 s 143\nMeaning of youth sexual offence conviction—pt 2\ns 14A ins A2020-42 s 143\nam A2023-45 s 126, s 127; A2025-9 s 15\n\nEndnotes\n4 Amendment history\npage 46 Spent Convictions Act 2000\nEffective: 26/11/25\nR33\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nMeaning of victim—div 2.2\ns 14B ins A2020-42 s 143\nApplication for youth sexual offence conviction to be spent\ns 14C ins A2020-42 s 143\nChief police officer and DPP to be notified of application\ns 14D ins A2020-42 s 143\nTransfer of application to other courts\ns 14E ins A2020-42 s 143\nOrder for spent youth sexual offence conviction\ns 14F ins A2020-42 s 143\nSpent convictions—revival\ndiv 2.3 hdg ins A2020-42 s 143\nWhat are the consequences of a conviction becoming spent?\ns 16 am A2001-44 amdt 1.3908, amdt 1.3909\nExclusions\ns 19 am A2001-49 amdt 2.28, amdt 2.29; A2002-35 s 26; ss renum\nR3 LA (see A2002-35 s 27); A2006-2 amdt 1.18, amdt 1.19;\nA2008-28 amdt 3.162; A2008-25 amdt 2.10; A2011-34 s 21;\nss renum R13 LA; A2011-48 amdt 1.52; A2011-37 s 34; pars\nrenum R16 LA; A2011-45 amdt 1.26; A2018-25 amdt 1.4;\nA2024-33 amdts 1.13-1.15\nExtinguishing historical homosexual offence convictions\npt 3A hdg ins A2015-45 s 8\nDefinitions—pt 3A\ns 19A ins A2015-45 s 8\ndef historical homosexual offence ins A2015-45 s 8\ndef public morality offence ins A2015-45 s 8\nApplication to have conviction extinguished\ns 19B ins A2015-45 s 8\nam A2025-29 amdt 4.168\nRequest for additional information\ns 19C ins A2015-45 s 8\nDecision on application to have conviction extinguished\ns 19D ins A2015-45 s 8\nEligibility\ns 19E ins A2015-45 s 8\nDirector-general may obtain information\ns 19F ins A2015-45 s 8\n\nEndnotes\nAmendment history 4\nR33\n26/11/25\nSpent Convictions Act 2000\nEffective: 26/11/25\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRestriction on right to re-apply\ns 19G ins A2015-45 s 8\nExtinguishing youth offence convictions\npt 3AA hdg ins A2023-45 s 128\nMeaning of youth offence conviction\ns 19GA ins A2023-45 s 128\nsub A2023-45 s 129\nYouth offence convictions extinguished\ns 19GB ins A2023-45 s 128\nsub A2023-45 s 129\nConsequences of extinguished convictions\npt 3B hdg ins A2015-45 s 8\nConsequences of conviction becoming extinguished\ns 19H ins A2015-45 s 8\nam A2023-45 s 130, s 131; ss renum R30 LA; A2025-9 s 16\nUnlawful disclosure of extinguished conviction\ns 19I ins A2015-45 s 8\nImproperly obtaining information about extinguished convictions\ns 19J ins A2015-45 s 8\nNotification and review of decisions\npt 3C hdg ins A2015-45 s 8\nMeaning of reviewable decision––pt 3C\ns 19K ins A2015-45 s 8\nReviewable decision notices\ns 19L ins A2015-45 s 8\nam A2025-29 amdt 4.168\nApplications for review\ns 19M ins A2015-45 s 8\nam A2025-29 amdt 4.168\nAct does not affect certain other lawful acts\ns 21 am A2015-45 s 9\nAct does not authorise destruction of records\ns 22 am A2015-45 s 10\nApproved forms\ns 22A ins A2015-45 s 11\nam A2025-29 amdt 4.168\nRegulation-making power\ns 23 am A2001-44 amdt 1.3910; A2025-29 amdt 4.168\n\nEndnotes\n4 Amendment history\npage 48 Spent Convictions Act 2000\nEffective: 26/11/25\nR33\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAmendment of Discrimination Act\npt 5 hdg om R1 LRA\nGrounds\ns 24 om R1 LRA\nReviewable decisions\nsch 1 ins A2015-45 s 12\nDictionary\ndict am A2003-56 amdt 3.236; A2011-52 amdt 3.188; A2015-45\ns 13; A2017-4 amdt 3.194; A2025-29 amdt 3.315\ndef ACT offence am A2003-56 amdt 3.237\ndef casino om A2003-56 amdt 3.238\ndef correctional agency om A2003-56 amdt 3.239\ndef extinguished ins A2015-45 s 14\ndef function om A2003-56 amdt 3.240\ndef historical homosexual offence ins A2015-45 s 14\ndef law enforcement agency am A2003-56 amdt 3.241,\namdt 3.242; A2003-58 amdt 1.3; pars renum R5 LA (see\nA2003-58 amdt 1.4); A2011-52 amdt 3.189; A2015-50\namdt 3.152; A2017-4 amdt 3.195; pars renum R23 LA;\nA2018-42 amdt 3.111\ndef prison officer sub A2003-56 amdt 3.243\ndef public authority am A2003-56 amdt 3.244; A2025-29\namdt 3.316\ndef public morality offence ins A2015-45 s 14\ndef reviewable decision ins A2015-45 s 14\ndef sexual offence am A2005-53 amdt 2.26; A2015-50\namdts 3.153-3.155\ndef victim ins A2020-42 s 144\ndef youth offence conviction ins A2023-45 s 132\ndef youth sexual offence conviction ins A2020-42 s 144\n\nEndnotes\nEarlier republications 5\nR33\n26/11/25\nSpent Convictions Act 2000\nEffective: 26/11/25\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 not amended 1 July 2001\n2 A2001-49 12 September 2001\n3 A2002-35 16 December 2002\n4 A2003-58 19 December 2003\n5 A2003-58 17 June 2004\n6 A2005-53 23 November 2005\n7 A2006-2 1 May 2006\n8 A2006-23 2 June 2006\n9 A2008-28 26 August 2008\n10 A2008-28 15 January 2009\n11 A2010-47 1 December 2010\n12 A2011-15 13 May 2011\n13 A2011-34 4 October 2011\n14 A2011-52 12 December 2011\n15 A2011-52 1 March 2012\n16 A2011-52 27 September 2012\n17 A2011-52 8 November 2012\n18 A2014-58 5 December 2014\n19 A2015-45 7 November 2015\n20 A2015-50 9 December 2015\n21 A2016-4 2 March 2016\n\nEndnotes\n5 Earlier republications\npage 50 Spent Convictions Act 2000\nEffective: 26/11/25\nR33\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication No Amendments to Republication date\n22 A2016-49 24 August 2016\n23 A2017-4 9 March 2017\n24 A2017-21 15 August 2017\n25 A2018-25 9 August 2018\n26 A2018-42 22 November 2018\n27 A2020-42 27 February 2021\n28 A2021-12 23 June 2021\n29 A2023-33 13 September 2023\n30 A2023-45 22 November 2023\n31 A2024-33 11 July 2024\n32 A2025-9 1 July 2025\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act’s operative scope has been broadened since its original enactment to add administrative extinguishment for historical homosexual convictions (pt 3A, ss 19A–19G), an extinguishment scheme for youth offence convictions (pt 3AA, ss 19GA–19GB), and a specific court application pathway for youth sexual offence convictions (div 2.2, ss 14A–14F). Other amendments have added offences and procedural safeguards (for example, criminal‑law treatment of some disclosure offences under the Criminal Code (s 5A) and review procedures (pt 3C, sch 1)). These changes expand the classes of convictions that can be removed from ordinary criminal‑history disclosure and create new administrative and judicial processes (see ss 19B–19D; ss 19GA–19GB; ss 14C–14F)."},"complexity_factors":["Multiple distinct legal states for convictions (spent, extinguished, quashed, pardoned) with different consequences (ss 7; 7A; 8; 16; 19H).","Several procedural tracks: automatic operation on crime‑free periods (s 12), court applications for youth sexual convictions (ss 14C–14F) and administrative applications to the director‑general for historical homosexual convictions (ss 19B–19D).","Extensive and specific statutory exceptions that preserve use of convictions in many safety‑sensitive and licensing contexts (s 19; s 19H).","Interplay between traffic and non‑traffic offences in calculating crime‑free periods (s 14), and special treatment of certain serious driving offences (s 14(4)).","Significant administrative discretion vested in the director‑general (ss 19D–19F) and judicial discretion over public‑interest decisions (s 14F), requiring factual inquiries and record disclosure.","Criminal offences and penalties for unlawful disclosure or improper obtaining of information, invoking the Criminal Code for some provisions (s 5A; ss 17–19J).","Cross‑jurisdictional application to Commonwealth, State and foreign convictions with necessary modifications, and interaction with Commonwealth law (s 9).","Regulation‑making power that can alter scope and exclusions, increasing contingent complexity (s 23).","Administrative review pathway to ACAT for defined decisions (pt 3C; sch 1)."],"plain_english_summary":"The Act limits the continuing legal effect of certain past convictions: after a crime‑free period or by quashing/pardoning, convictions become “spent” (no disclosure required; ignored in most checks) or in some cases “extinguished” (treated as never occurring). It affects people with eligible convictions and organizations that screen them.\n\nDecisions sit with courts (youth sexual offences) or the director‑general (historical homosexual convictions). Protections exclude many vulnerable‑sector checks, impose administrative costs, and carry criminal penalties for improper handling of spent/extinguished records."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2000 purpose of creating a simple spent convictions scheme based on crime-free periods. Major expansions include: (1) Part 3A (2015) adding a complete extinguishment scheme for historical homosexual convictions with administrative decision-making; (2) Part 3AA (2023) adding automatic extinguishment for youth offences under 14; and (3) Division 2.2 (2020) creating a special court-based scheme for youth sexual offences requiring judicial discretion. The original Act was a straightforward time-based automatic scheme, but it now encompasses three distinct remedial mechanisms with different procedural requirements, plus complex exclusions for specific regulated industries added through numerous amendments."},"complexity_factors":["Multiple overlapping schemes with different rules: spent convictions (Part 2), extinguished historical homosexual convictions (Part 3A), and extinguished youth offence convictions (Part 3AA), each with distinct triggers and consequences","Extensive cross-referencing to other ACT legislation including Crimes Act 1900, Children and Young People Act 1999, Road Transport legislation, Working with Vulnerable People Act, and Commonwealth Crimes Act 1914","Detailed exceptions and exclusions in section 19 (12 subsections) specifying when spent conviction protections don't apply, covering specific occupations and licensing regimes","Conditional logic for crime-free periods: different periods for youth vs adults (section 13), and complex rules separating traffic from non-traffic offences (section 14)","Court-based application process for youth sexual offence convictions (Division 2.2) requiring notification to Chief Police Officer and DPP, victim consultation, and public interest test","Administrative application process for historical homosexual convictions with eligibility criteria involving age and consent determinations (section 19E)","Automatic extinguishment for youth offences with a table of exceptions (Table 19GB) for serious crimes committed by 12-13 year olds","Interaction with Commonwealth spent convictions scheme requiring careful jurisdictional navigation (section 9 and note to section 9)","27 defined terms in the Dictionary including complex nested definitions like 'sexual offence' and 'historical homosexual offence'","Revival provisions (section 15) creating conditional exceptions where spent convictions can temporarily become unspent if new offences committed during crime-free period"],"plain_english_summary":"**What this law does:**\n\nThis Act gives people in the ACT a \"clean slate\" by limiting how old criminal convictions can be used against them. It creates three main ways this happens:\n\n1. **Spent convictions** – Most minor convictions automatically become \"spent\" (hidden) after a crime-free period (5 years for youth, 10 years for adults). Once spent, you generally don't have to tell anyone about them, and they won't show up in most criminal history checks.\n\n2. **Extinguished convictions** – Two special categories of convictions are completely wiped out:\n   - **Historical homosexual offences** – Old convictions for consensual same-sex activity (decriminalised in 1985) can be extinguished by application to the Director-General\n   - **Youth offences** – Convictions for offences committed under age 14 are automatically extinguished (except for serious crimes like murder or sexual assault committed by 12-13 year olds)\n\n3. **Quashed convictions and pardons** – These are treated as spent immediately.\n\n**Who it affects:**\n- Anyone with an old ACT conviction who has stayed out of trouble\n- People convicted of historical homosexual offences (or their families, if deceased)\n- Young people who offended before age 14\n- Employers, police, and government agencies who handle criminal records\n\n**Why it matters:**\nOld convictions can block jobs, housing, and travel indefinitely. This law recognises people can reform, prevents discrimination based on irrelevant old mistakes, and provides justice for those convicted under now-abolished laws against homosexuality. It balances rehabilitation with public safety – serious crimes (sexual offences, crimes with 6+ month prison sentences for adults) can never be spent.\n\n**Key protections:**\n- It's illegal to disclose spent convictions without authority (penalty: fines or jail)\n- You can legally deny having a spent or extinguished conviction in most situations\n- Special rules apply for working with children, vulnerable people, firearms, casinos, and certain professional registrations – spent convictions may still need to be disclosed"}},"importantCases":[],"_links":{"self":"/api/acts/spent-convictions-act-2000","history":"/api/acts/spent-convictions-act-2000/history","analysis":"/api/acts/spent-convictions-act-2000/analysis","conflicts":"/api/acts/spent-convictions-act-2000/conflicts","importantCases":"/api/acts/spent-convictions-act-2000/important-cases","documents":"/api/acts/spent-convictions-act-2000/documents"}}