Proceeds of Crime Act 2002
331Meaning of convicted of an offence
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331 Meaning of convicted of an offence
(1) For the purposes of this Act, a person is taken to be convicted of an offence if: (a) the person is convicted, whether summarily or on indictment, of the offence; or (b) the person is charged with, and found guilty of, the offence but is discharged without conviction; or (c) a court, with the consent of the person, takes the offence, of which the person has not been found guilty, into account in passing sentence on the person for another offence; or (d) the person *absconds in connection with the offence. (2) Such a person is taken to have been convicted of the offence in the following State or Territory: (a) if paragraph (1)(a) applies—the State or Territory in which the person was convicted; (b) if paragraph (1)(b) applies—the State or Territory in which the person was discharged without conviction; (c) if paragraph (1)(c) applies—the State or Territory in which the court took the offence into account in passing sentence on the person for the other offence; (d) if paragraph (1)(d) applies—the State or Territory in which the information was laid alleging the person’s commission of the offence. (3) If paragraph (2)(d) applies to a person: (a) the person is taken to have been convicted of the offence before the Supreme Court of that State or Territory; and (b) the person is taken to have committed the offence. (4) This section does not apply to a *foreign serious offence.