68References in this Part to persons found guilty of an offence

68 References in this Part to persons found guilty of an offence

In this Part, a reference to a person who has been found guilty of an offence is a reference to a person—

(a) against whom a court has made a formal finding that the person is guilty of the offence that has not been subsequently quashed or set aside by a court; or

(b) from whom a court has accepted a plea that the person is guilty of the offence that has not been subsequently quashed or set aside by a court; or

(c) from whom a court has accepted an admission under section 100 of the Sentencing Act 1991 that the person has committed the offence, or from whom a similar admission has been accepted under a provision of a law of a jurisdiction other than Victoria that substantially corresponds to that section, that has not been subsequently quashed or set aside by a court; or

(d) in relation to whom any of the following infringement notices has taken effect as a conviction for the offence specified in the notice—

S. 68(d)(i) repealed by No. 41/2019 s. 117(Sch. 1 item 1.1).

(ii) an infringement notice to which section 61A(2) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 applies;

(iii) a traffic infringement notice to which section 89A(2) of the Road Safety Act 1986 applies; or

(e) against whom a finding has been made under—

(i) section 17(1)(b) or 38X(1)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that the person was not guilty of the offence because of mental impairment; or

(ii) section 17(1)(c) or 38X(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that the person committed the offence or an offence available as an alternative; or

(iii) the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 of not guilty because of mental impairment; or

(f) against whom a finding similar to a finding referred to in paragraph (e) has been made under a provision of a law of a jurisdiction other than Victoria that substantially corresponds to the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 or to a provision of that Act referred to in paragraph (e).

New s. 69 inserted by No. 63/2017 s. 18, amended by No. 56/2025 s. 7(2) (ILA s. 39B(1)).