NSWIn ForceAct
Entertainment Industry Act 2013
33Removal of information from register
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#### 33 Removal of information from register
33 Removal of information from register
> > (1) The Secretary may remove any information from the register.
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> > (2) The Secretary must remove information about a conviction for a particular offence from the register as soon as practicable after becoming aware that—
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> > > (a) the conviction has been quashed or annulled, or
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> > > (b) an appeal has been made against the conviction, or
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> > > (c) a period of 2 years has elapsed since the end of the period during which an appeal could have been made against the conviction, or if an appeal was made against the conviction, the date on which a final order was made affirming the conviction.
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> > (3) The Secretary must remove information about a civil penalty order being made in relation to a person as soon as practicable after becoming aware that—
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> > > (a) an appeal has been lodged against the making of the order, or
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> > > (b) the order has been overturned, or
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> > > (c) a period of 2 years has elapsed since the end of the period during which an appeal could have been made against the making of the order, or if an appeal was made against the making of the order, the date on which a final order was made affirming the order.
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> > (4) However, in a case where the Secretary removes information from the register because an appeal is made against a conviction for an offence or the making of a civil penalty order, the Secretary may restore information regarding the offence or order to the register if satisfied that any such appeal was unsuccessful.
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> > (5) The Secretary must remove information about an undertaking being given by an entertainment industry representative or entertainment industry hirer as soon as practicable after becoming aware that the undertaking has expired or has otherwise ceased to be in force.
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> > (6) The Secretary must remove information about an entertainment industry prohibition order being made in relation to a person as soon as practicable after becoming aware that the person is no longer subject to a prohibition order.
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> > (7) The Secretary may remove any information about an undertaking, entertainment industry prohibition order, civil penalty order or conviction for an offence from the register if it is appropriate in the circumstances to remove the information from the register.
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> > (8) The Secretary may remove information from the register on the Secretary’s own initiative or on an application by a person under this Part.