ACC means the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 of the Commonwealth or, if ACC is replaced by another body or agency that performs functions substantially similar to ACC's national policing information functions (as defined in section 4 of that Act), that body or agency;
applicant means a person who makes an application;
application means an application under section 6 ;
charge means a charge against a person for a historical offence and includes the following:
(b) a provision in an Act that has substantially the same effect as an offence referred to in paragraph (a) ;
[Section 3 Subsection (1) amended by No. 21 of 2025, s. 4, Applied:27 Nov 2025]secondary electronic record means an official criminal record in electronic form that acts as a duplicate of, is derived from, or is generated as a result of, an already existing official criminal record, regardless of whether that secondary electronic record is held by the same entity as the already existing record or by a different entity;
Secretary means the Secretary of the Department;
sexual offence means an offence under a law as in force at any time by which sexual activity of a homosexual nature, whether penetrative or non-penetrative, could be punished, whether or not heterosexual sexual activity could also be punished by the offence.
(2) For the purposes of this Act, where a court finds a person guilty of an offence but does not proceed to record a conviction, the finding is to be regarded as a conviction.