Criminal Law (Historical Homosexual Convictions Expungement) Act 2017
sec.35Notice of revival of expunged conviction or charge to criminal record holder
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sec.35 Notice of revival of expunged conviction or charge to criminal record holder
This section applies if the chief executive decides that an expunged conviction or expunged charge is no longer an expunged conviction or expunged charge and— the applicant for the expungement of the conviction or charge has not applied for a review of the decision within the time allowed under the QCAT Act , section 33 (3) ; or if the applicant for the expungement of the conviction or charge applied for a review of the decision—the review has been finally decided and the expunged conviction or expunged charge is no longer an expunged conviction or expunged charge. The chief executive must give each criminal record holder notice that the expunged conviction or expunged charge is no longer an expunged conviction or expunged charge. (sec.35-ssec.1) This section applies if the chief executive decides that an expunged conviction or expunged charge is no longer an expunged conviction or expunged charge and— the applicant for the expungement of the conviction or charge has not applied for a review of the decision within the time allowed under the QCAT Act , section 33 (3) ; or if the applicant for the expungement of the conviction or charge applied for a review of the decision—the review has been finally decided and the expunged conviction or expunged charge is no longer an expunged conviction or expunged charge. (sec.35-ssec.2) The chief executive must give each criminal record holder notice that the expunged conviction or expunged charge is no longer an expunged conviction or expunged charge.
- (a) the applicant for the expungement of the conviction or charge has not applied for a review of the decision within the time allowed under the QCAT Act , section 33 (3) ; or
- (b) if the applicant for the expungement of the conviction or charge applied for a review of the decision—the review has been finally decided and the expunged conviction or expunged charge is no longer an expunged conviction or expunged charge.