Criminal Law (Historical Homosexual Convictions Expungement) Act 2017
sec.34Decision to revive expunged conviction or charge
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sec.34 Decision to revive expunged conviction or charge
If, after considering any accepted submission, the chief executive is still satisfied the expunged conviction or expunged charge became an expunged conviction or expunged charge because of false or misleading information, the chief executive must— decide the expunged conviction or expunged charge is no longer an expunged conviction or expunged charge; and give the applicant for the expungement of the conviction or charge a QCAT information notice for the decision. The decision takes effect on the day the QCAT information notice is given to the applicant. (sec.34-ssec.1) If, after considering any accepted submission, the chief executive is still satisfied the expunged conviction or expunged charge became an expunged conviction or expunged charge because of false or misleading information, the chief executive must— decide the expunged conviction or expunged charge is no longer an expunged conviction or expunged charge; and give the applicant for the expungement of the conviction or charge a QCAT information notice for the decision. (sec.34-ssec.2) The decision takes effect on the day the QCAT information notice is given to the applicant.
- (a) decide the expunged conviction or expunged charge is no longer an expunged conviction or expunged charge; and
- (b) give the applicant for the expungement of the conviction or charge a QCAT information notice for the decision.