42CConviction and quashing of conviction

#### 42C Conviction and quashing of conviction (1) For the purposes of this Part, a person is to be taken to be convicted of an offence if: (a) the person is convicted of the offence, whether summarily or on indictment; or (b) the person absconds in connection with the offence. (2) For the purposes of this Part, a person is to be taken to have been convicted of an offence in a particular State or Territory if: (a) where paragraph (1)(a) applies—the person was convicted of the offence in a court in that State or Territory; or (b) where paragraph (1)(b) applies—the information relating to the offence was laid in that State or Territory. (3) For the purposes of this Part, where a person is to be taken to have been convicted of an offence in a particular State or Territory because of paragraph (2)(b), the person is to be taken to have been so convicted before the Supreme Court of that State or Territory. (4) For the purposes of this Part, a person’s conviction of an offence is to be taken to be quashed: (a) where paragraph (1)(a) applies—if the conviction is quashed or set aside; or (b) where paragraph (1)(b) applies—if, after the person is brought before a court in respect of the offence, the person is discharged in respect of the offence or a conviction of the person for the offence is quashed or set aside. (5) A reference in this Part, in relation to a person’s conviction of an offence, to the commission of the offence is, where paragraph (1)(b) applies, a reference to the alleged commission of the offence by the person.