11Changes in relevant information of non-registered person

11 Changes in relevant information of non-registered person

(1)  In this clause –

[Clause 11 Subclause (1) amended by S.R. 2016, No. 98, Applied:23 Nov 2016] affected person means a person who has been provided with a proposed negative notice, or whose registration has been cancelled, under the Act;

relevant date, in respect of an affected person, means the date that –

(a) [Clause 11 Subclause (1) amended by S.R. 2016, No. 98, Applied:23 Nov 2016] the proposed negative notice was provided in respect of the affected person; or

(b) the registration of the affected person was cancelled.

(2)  [Clause 11 Subclause (2) amended by S.R. 2020, No. 100, Applied:01 Feb 2021] For the purposes of section 19(3)(b) of the Act, any of the following matters constitutes significant and exceptional change in the circumstances of an affected person:

(a) the affected person was not found guilty in respect of proceedings, or those proceedings were withdrawn, and those proceedings –

(i) were pending at the relevant date; and

(ii) were taken into account when making the negative notice or cancelling the registration;

(b) since the relevant date –

(i) the affected person has had a finding of guilt quashed or set aside; and

(ii) that finding of guilt had been taken into account when making the negative notice or cancelling the registration;

(c) a finding in relation to any other matter that had been taken into account when making the negative notice, or cancellation of the registration, in respect of the affected person has been quashed, set aside or otherwise expressly or impliedly ceased to have effect, since the relevant date.

(3)  [Clause 11 Subclause (3) amended by S.R. 2020, No. 100, Applied:01 Feb 2021] Nothing in subclause (2) prevents the Registrar from allowing an application under section 19 of the Act that does not meet the requirements of that subclause if the Registrar is satisfied that there has been a significant and exceptional change in the person’s circumstances since the relevant date.