38Interpretation

38 Interpretation (1) In this Part, unless the contrary intention appears: > Australia includes the External Territories. > conviction includes a finding of guilt (however expressed). > imprisonment includes periodic detention, detention at home and other forms of lawful detention. > mental disorder means: (a) insanity or other mental illness; or (b) intellectual or mental disability. > relevant offence means a criminal offence against the law of the Commonwealth, a State or a Territory that is punishable by imprisonment. (2) For the purposes of this Part, a conviction is taken to be nullified if: (a) it has been quashed or set aside on appeal or judicial review, and: (i) it has not been restored; and (ii) no alternative conviction has been substituted; or (b) a free pardon has been granted to the convicted person because the person was wrongly convicted; or (c) the convicted person has been released from prison as a result of an inquiry into the conviction. (3) For the purposes of this Part, if: (a) a person is charged with, or indicted for, a criminal offence and a finding is made or a verdict is recorded that the person is unfit, because of mental disorder, to plead or to be tried; or (b) a finding is made or a verdict is recorded that the person is not guilty of a criminal offence because of mental disorder, or is guilty but insane in respect of a criminal offence; the finding or verdict is taken not to be a conviction. (4) A contravention of Part XIIIA of the Family Law Act 1975 is not a relevant offence.