sec.270New serious offences

sec.270 New serious offences

The amendment of section 47 by the amending Act does not affect a positive notice that is in force at the commencement. Without limiting subsection (1), the chief executive may not cancel a person’s positive notice on the basis the person would not have been issued a positive notice under this Act because the person was charged with or convicted of a new serious offence before the commencement. However, subsections (1) and (2) do not prevent the chief executive having regard to a charge or conviction of a person for a new serious offence happening before the commencement in making a decision about the person if— the decision is being made under this Act after the commencement— because there has been a change in the person’s criminal history; or because the chief executive has become aware of the charge or conviction (but was not aware of it at the time the positive notice was issued); or the decision relates to a prescribed notice application about the person— to which section 271 applies; or made after the commencement. In this section— new serious offence means an offence that— is a serious offence under this Act; but was not a serious offence under section 47 as in force immediately before the commencement. s 270 ins 2010 No. 5 s 156 (sec.270-ssec.1) The amendment of section 47 by the amending Act does not affect a positive notice that is in force at the commencement. (sec.270-ssec.2) Without limiting subsection (1), the chief executive may not cancel a person’s positive notice on the basis the person would not have been issued a positive notice under this Act because the person was charged with or convicted of a new serious offence before the commencement. (sec.270-ssec.3) However, subsections (1) and (2) do not prevent the chief executive having regard to a charge or conviction of a person for a new serious offence happening before the commencement in making a decision about the person if— the decision is being made under this Act after the commencement— because there has been a change in the person’s criminal history; or because the chief executive has become aware of the charge or conviction (but was not aware of it at the time the positive notice was issued); or the decision relates to a prescribed notice application about the person— to which section 271 applies; or made after the commencement. (sec.270-ssec.4) In this section— new serious offence means an offence that— is a serious offence under this Act; but was not a serious offence under section 47 as in force immediately before the commencement.

• (a) the decision is being made under this Act after the commencement— (i) because there has been a change in the person’s criminal history; or (ii) because the chief executive has become aware of the charge or conviction (but was not aware of it at the time the positive notice was issued); or
• (i) because there has been a change in the person’s criminal history; or