Disability Services Act 2006
sec.346AEffect of conviction for new disqualifying offence on existing positive notice or positive exemption notice
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sec.346A Effect of conviction for new disqualifying offence on existing positive notice or positive exemption notice
This section applies if— a person held a current positive notice or positive exemption notice immediately before the commencement; and the person was convicted of a new disqualifying offence before the commencement. For applying the amended Act to the person’s positive notice or positive exemption notice, the offence is taken to be, or to continue to be, a serious offence despite the enactment of the amending Act. Without limiting subsection (2), if the person applies for another positive exemption notice after the commencement, or section 347, 348 or 349 applies in relation to the person— the person’s conviction for the offence is taken to be, or to continue to be, a conviction for a serious offence; and the person is taken not to be a disqualified person or relevant disqualified person in relation to the person’s conviction for the offence. s 346A ins 2019 No. 19 s 46 (sec.346A-ssec.1) This section applies if— a person held a current positive notice or positive exemption notice immediately before the commencement; and the person was convicted of a new disqualifying offence before the commencement. (sec.346A-ssec.2) For applying the amended Act to the person’s positive notice or positive exemption notice, the offence is taken to be, or to continue to be, a serious offence despite the enactment of the amending Act. (sec.346A-ssec.3) Without limiting subsection (2), if the person applies for another positive exemption notice after the commencement, or section 347, 348 or 349 applies in relation to the person— the person’s conviction for the offence is taken to be, or to continue to be, a conviction for a serious offence; and the person is taken not to be a disqualified person or relevant disqualified person in relation to the person’s conviction for the offence.
- (a) a person held a current positive notice or positive exemption notice immediately before the commencement; and
- (b) the person was convicted of a new disqualifying offence before the commencement.
- (a) the person’s conviction for the offence is taken to be, or to continue to be, a conviction for a serious offence; and
- (b) the person is taken not to be a disqualified person or relevant disqualified person in relation to the person’s conviction for the offence.