4AMeaning of conviction

4A Meaning of conviction

(1) A conviction of an individual who is an applicant for, or a holder of, an MNE accreditation, or of an individual for whom a CIRMP permits a background check, or of an individual for whom a background check is conducted under section 11AH or 11AJ, for an offence, has the same meaning as in Part VIIC of the Crimes Act 1914, but does not include: (a) a spent conviction (within the meaning of subsection 85ZM(2) of that Act) if Division 3 of Part VIIC of that Act applies to the individual in relation to the conviction; or (b) a conviction for an offence of which, under a law relating to pardons or quashed convictions, the individual is taken never to have been convicted.

Note 1: Under subsection 85ZM(1) of the Crimes Act 1914, a person is also taken to have been convicted of an offence if the person:

(a) has been found guilty of the offence but discharged without conviction; or
(b) has not been found guilty of the offence but a court has taken the offence into account in sentencing the person for another offence (see paragraphs 85ZM(1)(b) and (c) of that Act).

Note 2: Under Part VIIC of the Crimes Act 1914, if a person receives a free and absolute pardon for an offence against a law of the Commonwealth or a Territory because the person was wrongly convicted of the offence, the person is taken for all purposes never to have been convicted (see section 85ZR of that Act).

Note 3: In certain circumstances, Division 3 of Part VIIC of the Crimes Act 1914 ceases to apply to a person in relation to a spent conviction if Division 4 of that Part (Convictions of further offences) applies.

Note 4: Under the Crimes Act 1914, a person need not disclose convictions that:

(a) have been quashed (see section 85ZT of that Act); or
(b) are spent (see section 85ZV of that Act).

Note 5: Convictions for MNE level 1 disqualifying offences do not become spent for the purposes of assessing whether to issue the convicted person with an MNE accreditation—see paragraph 85ZZH(k) of the Crimes Act 1914 and section 21 of, and Schedule 2 to, the Crimes Regulations 2019.

(2) A conviction of an individual in respect of whom an application for a background check is made under the ATS regulations, or of an individual in respect of whom such a background check has been conducted, has the same meaning as in the ATS regulations. (3) A conviction of an individual in respect of whom an application for a background check is made under the MTOFS regulations, or of an individual in respect of whom such a background check has been conducted, has the same meaning as in the MTOFS regulations.