Disability Services Act 2006
sec.346Effect of conviction or charge for new disqualifying offence
Start here
Get a plain-English read of sec.346
Turn the raw legal text into a practical explanation grounded in Disability Services Act 2006.
sec.346 Effect of conviction or charge for new disqualifying offence
For applying section 97(1)(a) and schedule 8, definition relevant disqualified person , paragraph (a) in relation to a person who has been or is convicted of a new disqualifying offence, it is immaterial when the offence was committed or the person was convicted. Without limiting this division, in applying the amended Act from the commencement, it is immaterial— when a new disqualifying offence was committed; or when a person was convicted of a new disqualifying offence; or when a charge for a new disqualifying offence, or the acts or omissions constituting the alleged offence, happened. An offence may have been committed, and the person convicted of the offence, before the commencement. For applying the amended Act to a current positive notice held by a person immediately before the commencement, a person the subject of a charge for a new disqualifying offence that has not been dealt with on the commencement is taken to have been charged with the offence on the commencement. s 346 ins 2019 No. 19 s 46 (sec.346-ssec.1) For applying section 97(1)(a) and schedule 8, definition relevant disqualified person , paragraph (a) in relation to a person who has been or is convicted of a new disqualifying offence, it is immaterial when the offence was committed or the person was convicted. (sec.346-ssec.2) Without limiting this division, in applying the amended Act from the commencement, it is immaterial— when a new disqualifying offence was committed; or when a person was convicted of a new disqualifying offence; or when a charge for a new disqualifying offence, or the acts or omissions constituting the alleged offence, happened. An offence may have been committed, and the person convicted of the offence, before the commencement. (sec.346-ssec.3) For applying the amended Act to a current positive notice held by a person immediately before the commencement, a person the subject of a charge for a new disqualifying offence that has not been dealt with on the commencement is taken to have been charged with the offence on the commencement.
- (a) when a new disqualifying offence was committed; or
- (b) when a person was convicted of a new disqualifying offence; or
- (c) when a charge for a new disqualifying offence, or the acts or omissions constituting the alleged offence, happened.