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Australian Capital Territory
Spent Convictions Act 2000
A2000-48
Republication No 33
Effective: 26 November 2025
Republication date: 26 November 2025
Last amendment made by A2025-29
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About this republication
The republished law
This is a republication of the Spent Convictions Act 2000 (including any amendment made under
the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 November 2025. It also
includes any commencement, amendment, repeal or expiry affecting this republished law to
26 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears
immediately before the provision heading. The text of the modifying provision appears in the
endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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Spent Convictions Act 2000
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Overview of Act 2
4 Dictionary 3
5 Notes 3
5A Offences against Act—application of Criminal Code etc 3
6 Meaning of conviction 4
7 Meaning of spent conviction 4
7A Meaning of extinguished conviction 4
8 Meaning of quash 5
9 Act applies to convictions for offences against non-ACT laws 5
10 Act applies to existing convictions 6
Contents
Page
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Part 2 Spent convictions
Division 2.1 Spent convictions—general
11 Which convictions can become spent? 7
12 When is a conviction spent? 7
13 What is the crime-free period? 9
14 How are traffic offences to be dealt with? 9
Division 2.2 Spent convictions—youth sexual offences
14A Meaning of youth sexual offence conviction—pt 2 11
14B Meaning of victim—div 2.2 12
14C Application for youth sexual offence conviction to be spent 12
14D Chief police officer and DPP to be notified of application 13
14E Transfer of application to other courts 13
14F Order for spent youth sexual offence conviction 14
Division 2.3 Spent convictions—revival
15 Spent convictions generally not revived 15
Part 3 Consequences of a conviction becoming
spent
16 What are the consequences of a conviction becoming spent? 16
17 Unlawful disclosure of a conviction becoming spent 16
18 Improperly obtaining information about spent convictions 17
19 Exclusions 17
Part 3A Extinguishing historical homosexual offence
convictions
19A Definitions—pt 3A 21
19B Application to have conviction extinguished 22
19C Request for additional information 23
19D Decision on application to have conviction extinguished 23
19E Eligibility 24
19F Director-general may obtain information 25
19G Restriction on right to re-apply 25
Contents
Page
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Part 3AA Extinguishing youth offence convictions
19GA Meaning of youth offence conviction 26
19GB Youth offence convictions extinguished 26
Part 3B Consequences of extinguished convictions
19H Consequences of conviction becoming extinguished 27
19I Unlawful disclosure of extinguished conviction 28
19J Improperly obtaining information about extinguished convictions 29
Part 3C Notification and review of decisions
19K Meaning of reviewable decision––pt 3C 30
19L Reviewable decision notices 30
19M Applications for review 30
Part 4 Miscellaneous
20 Act does not authorise contravention of other laws 31
21 Act does not affect certain other lawful acts 31
22 Act does not authorise destruction of records 31
22A Approved forms 31
23 Regulation-making power 31
Schedule 1 Reviewable decisions 33
Dictionary 34
Endnotes
1 About the endnotes 39
2 Abbreviation key 39
3 Legislation history 40
4 Amendment history 45
5 Earlier republications 49
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Spent Convictions Act 2000
An Act to limit the effect of a person’s conviction for certain offences if the
person completes a period of crime-free behaviour, to make provision about
extinguished convictions, quashed convictions and pardons, and for other
purposes
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Spent Convictions Act 2000.
3 Overview of Act
(1) This Act provides a scheme to limit the effect of a person’s conviction
for certain offences if the person completes a period of crime-free
behaviour.
(2) Under the scheme, after completion of a period of crime-free
behaviour, a conviction to which the scheme applies is regarded as
spent and, subject to certain exceptions, does not form part of the
person’s criminal history and may only be used for certain purposes.
(3) This Act also deals with—
(a) the effect of the quashing of a conviction and the pardoning of
an offence; and
(b) the extinguishment of—
(i) youth offence convictions, with limited exceptions; and
(ii) historical homosexual offence convictions.
Note See the Discrimination Act 1991, s 7 (1) (k) for discrimination on the
ground of irrelevant criminal record. Irrelevant criminal record includes
a record relating to a spent or an extinguished conviction (see that Act,
dict).
Preliminary Part 1
Section 4
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4 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms defined
elsewhere.
For example, the signpost definition ‘conviction—see section 6.’ means
that the term ‘conviction’ is defined in that section and the definition
applies to this Act.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act, s 155 and s 156 (1)).
5 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5A Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offences against this
Act (see Code, pt 2.1):
• s 19I (Unlawful disclosure of extinguished conviction)
• s 19J (Improperly obtaining information about extinguished
convictions).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
Part 1 Preliminary
Section 6
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6 Meaning of conviction
For this Act, a person is convicted of an offence if—
(a) the person is convicted of the offence, whether summarily or on
indictment; or
(b) the person is charged with the offence and a court finds the
person guilty of the offence.
Examples for par (b)
1 the court makes an order under the Crimes (Sentencing) Act 2005, s 17
(Non-conviction orders—general)
2 the court makes an order under the Children and Young People Act 1999, s 98
(Disposition without proceeding to conviction)
7 Meaning of spent conviction
(1) For this Act, the conviction of a person for an offence is spent if—
(a) the conviction is spent under section 12 (When is a conviction
spent?); or
(b) the conviction is quashed; or
(c) the person is granted a pardon for the offence.
(2) In this Act, a reference to a conviction that is spent includes a
reference to the charge to which the spent conviction related.
7A Meaning of extinguished conviction
(1) For this Act, the conviction of a person for an offence is extinguished
if—
(a) for youth offence convictions—section 19GB extinguishes the
conviction; or
(b) for historical homosexual offence convictions—the
director-general extinguishes the conviction in accordance with
section 19D (Decision on application to have conviction
extinguished).
Preliminary Part 1
Section 8
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(2) In this Act, a reference to a conviction that is extinguished includes
a reference to the charge to which the extinguished conviction related.
8 Meaning of quash
For this Act, a person’s conviction for an offence is quashed if—
(a) the conviction is quashed or set aside; or
(b) the finding that the charge was proved is quashed or set aside
(except to impose a penalty for the offence).
9 Act applies to convictions for offences against non-ACT
laws
(1) This Act applies to convictions for Commonwealth offences, State
offences and foreign offences as well as convictions for ACT
offences.
(2) This Act applies to convictions imposed for Commonwealth offences,
State offences and foreign offences with the changes necessary to
enable its provisions to apply to those offences in a way that
corresponds as closely as possible to the way it applies to ACT
offences.
Note The Crimes Act 1914 (Cwlth), pt 7C deals with spent convictions. In
particular, s 85ZV (1) of that Act provides, among other things, that a
person is not required, in a State or Territory, to disclose to any person,
for any purpose, the fact that the person has been charged with, or
convicted of, a Commonwealth offence if the person’s conviction for the
offence is spent under that Act. (Division 6 of that part provides
exclusions.) The subsection is expressed to apply despite, among other
things, any state or territory law. Under the Australian Capital Territory
(Self-Government) Act 1988 (Cwlth), s 28 a provision of a Territory
enactment has no effect to the extent to which it is inconsistent with a
Commonwealth law in force in the Territory.
Part 1 Preliminary
Section 10
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10 Act applies to existing convictions
This Act applies in relation to a person convicted of an offence
whether the person is convicted before or after the commencement of
this Act.
Spent convictions Part 2
Spent convictions—general Division 2.1
Section 11
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Part 2 Spent convictions
Division 2.1 Spent convictions—general
11 Which convictions can become spent?
(1) Any conviction (other than a conviction mentioned in subsection (2))
can become spent.
(2) The following convictions cannot become spent convictions:
(a) a conviction for an offence committed by an offender who was
at least 14 years old when the offence was committed and for
which a sentence of imprisonment of longer than 6 months was
imposed;
(b) a conviction for a sexual offence, other than a youth sexual
offence conviction;
(c) a conviction of a corporation;
(d) a conviction prescribed under the regulations.
(3) In this section:
sentence of imprisonment does not include the detention of a person
under a control order.
12 When is a conviction spent?
(1) A conviction (other than a youth sexual offence conviction) is spent
on completion of the relevant crime-free period, unless it is earlier
spent under this section.
(2) A youth sexual offence conviction is spent on the making of an order
under section 14F.
Part 2 Spent convictions
Division 2.1 Spent convictions—general
Section 12
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(3) If a charge for an offence is dismissed under either of the following
provisions, the finding of guilt for the offence (however described) is
spent on the dismissal of the charge:
(a) the Crimes (Sentencing) Act 2005, section 17 (Non-conviction
orders—general);
(b) the Children and Young People Act 1999, section 98
(Disposition without proceeding to conviction).
(4) If an order under the Crimes (Sentencing) Act 2005, section 17
(Non-conviction orders—general) is a good behaviour order subject
to a condition, the order is spent only when the condition is
completely satisfied.
(5) An order reprimanding a person under the Children and Young
People Act 1999, section 96 (1) (or 98 (2) (b)) or the Children’s
Services Act 1986, section 47 (1) (or 48 (k)) is spent on the making
of the order.
(6) A conditional discharge order, order for the payment of reparation or
compensation, or attendance centre order, under the Children and
Young People Act 1999, section 96 (1) (or 98 (2) (b)) or the Children’s
Services Act 1986, section 47 (1) (or 48 (k)) is spent on satisfactory
compliance with the order.
(7) A probation order under the Children and Young People Act 1999,
section 96 (1) (or 98 (2) (b)) or the Children’s Services Act 1986,
section 47 (1) (or 48 (k)) is spent at the end of the period for which
the order is in force.
(8) A conviction for an offence of a kind that has ceased, by operation of
law, to be an offence is spent when the offence ceased to be an
offence, if the offence is prescribed under the regulations to be an
offence to which this subsection applies.
Spent convictions Part 2
Spent convictions—general Division 2.1
Section 13
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13 What is the crime-free period?
(1) In this section:
relevant period, in relation to the conviction of a person for an
offence, means—
(a) if the person was not dealt with as an adult in relation to the
conviction—5 consecutive years; or
(b) in any other case—10 consecutive years.
(2) The crime-free period for a person for an offence is the relevant
period during which the person has not been—
(a) subject to a control order; or
(b) convicted of an offence punishable by imprisonment; or
(c) in prison because of a conviction for an offence; or
(d) unlawfully at large in relation to an offence.
Note Under s 14, convictions for traffic offences are considered separately
from non-traffic offences in defining the crime-free period.
14 How are traffic offences to be dealt with?
(1) In this section:
drive—see the Road Transport (Safety and Traffic Management)
Act 1999, dictionary.
driver trainer––see the Road Transport (Alcohol and Drugs)
Act 1977, dictionary.
motor vehicle—see the Road Transport (General) Act 1999,
dictionary.
non-traffic offence means any offence except a traffic offence.
road transport legislation—see the Road Transport (General)
Act 1999, section 6.
Part 2 Spent convictions
Division 2.1 Spent convictions—general
Section 14
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traffic offence means any offence arising out of the use of a motor
vehicle, and includes any offence against the road transport
legislation.
trailer—see the Road Transport (Safety and Traffic Management)
Act 1999, dictionary.
use a motor vehicle or trailer includes drive, stop or park the motor
vehicle or trailer.
(2) A conviction for a traffic offence, and any period of imprisonment
imposed because of such a conviction, are disregarded in calculating
the crime-free period for a conviction for a non-traffic offence.
Note A conviction for a traffic offence is relevant only in calculating the
crime-free period for a conviction for an earlier traffic offence.
(3) A conviction for a non-traffic offence, and any period of
imprisonment imposed because of such a conviction, are disregarded
in calculating the crime-free period for a conviction for a traffic
offence.
Note A conviction for a non-traffic offence is relevant only in calculating the
crime-free period for an earlier non-traffic offence.
(4) However, a conviction for any of the following offences is relevant
in calculating the crime-free period for any conviction (whether for a
traffic offence or a non-traffic offence):
(a) an offence against the Crimes Act 1900, section 29 (Culpable
driving);
(b) any other offence against the Crimes Act 1900 where a necessary
fact to constitute the offence is that someone dies or is injured
because of, or as a result of, the way the convicted person drove
a motor vehicle;
Spent convictions Part 2
Spent convictions—youth sexual offences Division 2.2
Section 14A
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(c) an offence against the Road Transport (Alcohol and Drugs)
Act 1977, part 3 (which is about drivers and driver trainers
having the prescribed concentration of alcohol in blood or
breath, driving or driver training with a prescribed drug in oral
fluid or blood, refusing to provide a breath sample, oral fluid,
blood test for analysis, failing to stay for a drug screening test
and driving or driver training under the influence of intoxicating
liquor);
(d) an offence against the Road Transport (Safety and Traffic
Management) Act 1999, section 6 (1) (which is about negligent
driving) that occasions death or grievous bodily harm (within
the meaning of that subsection);
(e) an offence against the Road Transport (Safety and Traffic
Management) Act 1999, section 7 (1) (which is about furious,
reckless and dangerous driving);
(f) an offence against the Road Transport (Safety and Traffic
Management) Act 1999, section 8 (1) or (2) (which are about
menacing driving);
(g) an offence prescribed under the regulations for this subsection.
Division 2.2 Spent convictions—youth sexual
offences
14A Meaning of youth sexual offence conviction—pt 2
In this part:
youth sexual offence conviction means a conviction for a sexual
offence—
(a) committed by a person who was not dealt with as an adult when
convicted for the offence; and
Part 2 Spent convictions
Division 2.2 Spent convictions—youth sexual offences
Section 14B
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(b) for which—
(i) a sentence of imprisonment of not longer than 6 months
has been imposed; or
(ii) no sentence of imprisonment has been imposed.
14B Meaning of victim—div 2.2
(1) For this division, each of the following is a victim of an offender:
(a) a person (a primary victim) who suffers harm because of an
offence by the offender;
(b) if a primary victim dies because of an offence by the offender—
a person who was financially or psychologically dependent on
the primary victim immediately before the primary victim’s
death.
(2) In this section:
because of—see the Crimes (Sentencing) Act 2005, section 47.
harm—see the Crimes (Sentencing) Act 2005, section 47.
14C Application for youth sexual offence conviction to be
spent
(1) A person with a youth sexual offence conviction may, on or after
completion of the relevant crime-free period, apply to the court for an
order that the conviction is spent.
(2) An application must—
(a) be in writing; and
(b) state the following:
(i) the applicant’s name, address and date of birth;
(ii) the applicant’s name and address at the time of the
conviction;
Spent convictions Part 2
Spent convictions—youth sexual offences Division 2.2
Section 14D
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(iii) to the extent known to the applicant, the date when and the
court where the applicant was convicted.
(3) In this section:
court means—
(a) if the applicant was convicted in the Supreme Court—the
Supreme Court; or
(b) if the applicant was convicted in the Magistrates Court, or does
not know which court they were convicted in—the Magistrates
Court.
14D Chief police officer and DPP to be notified of application
(1) The applicant must give written notice of the application to the chief
police officer and director of public prosecutions.
(2) The chief police officer and director of public prosecutions may make
submissions, orally or in writing, in relation to the application.
(3) Before deciding whether to make submissions, the director of public
prosecutions must—
(a) take reasonable steps to give notice of the application to the
victim of the offender; and
Example
notify Victim Support ACT of the application
(b) take into account any views expressed by the victim.
14E Transfer of application to other courts
(1) If an application made to the Magistrates Court relates to a conviction
by the Supreme Court, the Magistrates Court may transfer the
application to the Supreme Court.
(2) If an application made to the Supreme Court relates to a conviction
by the Magistrates Court, the Supreme Court may transfer the
application to the Magistrates Court.
Part 2 Spent convictions
Division 2.2 Spent convictions—youth sexual offences
Section 14F
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(3) If the applicant is under 18 years old when an application is made, the
court to which the application is made may transfer the application to
the Children’s Court.
14F Order for spent youth sexual offence conviction
(1) The court hearing an application may order that a youth sexual
offence conviction is spent if satisfied it is in the public interest to
make the order.
(2) In considering whether it is in the public interest to make an order,
the court must have regard to the following:
(a) the nature, circumstances and seriousness of the offence for
which the applicant was convicted;
(b) the length of the sentence imposed;
(c) the length of time since the offence was committed;
(d) any views of a victim of the offence;
(e) the circumstances of the applicant;
Example
whether the conviction restricts the applicant from engaging in a particular
trade
(f) any risk posed by the applicant to public safety if the order was
made.
(3) The hearing of the application may be conducted in open court or in
the absence of the public as the court directs, having regard to—
(a) the victim’s right to privacy; and
(b) whether the identity of the applicant was protected in relation to
the offence to which the application relates; and
(c) anything else the court considers relevant.
Spent convictions Part 2
Spent convictions—revival Division 2.3
Section 15
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Division 2.3 Spent convictions—revival
15 Spent convictions generally not revived
(1) A conviction of a person for an offence (the first offence) that is spent
is not revived by the subsequent conviction of the person for another
offence (the later offence).
(2) However, if the later offence was committed during the crime-free
period for the first offence and—
(a) the person is convicted summarily of the later offence by an
ACT court—the court may order that this part ceases to apply to
the person in relation to the first offence until the crime-free
period for the later offence has ended; or
(b) the person is convicted on indictment of the later offence by an
ACT court—this part automatically ceases to apply to the person
in relation to the first offence until the crime-free period for the
later offence has ended; or
(c) the person is convicted of the later offence by a court of the
Commonwealth, a State or Territory or a foreign country—this
part automatically ceases to apply to the person in relation to the
first offence until the crime-free period for the later offence has
ended.
(3) While this part does not apply to the person in relation to the first
offence, the conviction of the person for the first offence is not a spent
conviction.
Part 3 Consequences of a conviction becoming spent
Section 16
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Part 3 Consequences of a conviction
becoming spent
16 What are the consequences of a conviction becoming
spent?
If a conviction of a person is spent—
(a) the person is not required to disclose information about the spent
conviction to anyone; and
(b) a question about the person’s criminal history is taken not to
refer to the spent conviction, but to refer only to any of the
person’s convictions that are not spent; and
(c) in applying an Act to the person—
(i) a reference to a conviction (however expressed) is taken
not to refer to the spent conviction, but to refer only to any
of the person’s convictions that are not spent; and
(ii) a reference to the person’s character (however expressed)
does not allow or require anyone to take the spent
conviction into account.
Note A reference to an Act includes a reference to the statutory instruments
made or in force under the Act, including regulations (see Legislation
Act, s 104).
17 Unlawful disclosure of a conviction becoming spent
(1) A person who has access to records of convictions kept by or on
behalf of a public authority must not, without lawful authority,
disclose any information about a spent conviction.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
Consequences of a conviction becoming spent Part 3
Section 18
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(2) It is not an offence for an archive or library (or an authorised officer
or employee of an archive or library) to make available to a member
of the public, or to another archive or library, in accordance with the
normal procedures of the archive or library, material that is normally
available for public use and that contains information about a spent
conviction.
(3) It is not an offence for a law enforcement agency (or an authorised
officer or employee of a law enforcement agency) in the exercise of
its functions (or of the functions of the authorised officer or
employee) to make information about a spent conviction available to
another law enforcement agency or to a court.
18 Improperly obtaining information about spent convictions
A person must not fraudulently or dishonestly obtain information
about a spent conviction from records of convictions kept by or on
behalf of a public authority.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
19 Exclusions
(1) Section 16 does not apply in relation to an application by a person—
(a) for an appointment or employment as a judge, magistrate, justice
of the peace, police officer, prison officer, teacher, teacher’s
aide, childcare provider, aged care provider or provider of care
for people with a disability, or childcare worker, educator, aged
care worker or worker with people with a disability; or
(b) to be appointed, employed or otherwise engaged (whether or not
for financial reward) in any other capacity—
(i) in relation to the care, instruction or supervision of
children, older people or people with a disability; or
Part 3 Consequences of a conviction becoming spent
Section 19
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(ii) at a school, education and care service, childcare centre,
hospital, community care facility, residential care facility,
or any other place where care, instruction, supervision or
any other services are provided (or proposed to be
provided) for children, older people or people with a
disability; or
(iii) by an entity that provides care, instruction, supervision or
any other services for children, older people or people with
a disability; or
(iv) as a casino employee under the Casino Control Act 2006;
or
(c) for an interactive gambling licence under the Interactive
Gambling Act 1998; or
(d) to be permitted to provide care, instruction, supervision or any
other services for children, older people or people with a
disability; or
(e) for registration under the Working with Vulnerable People
(Background Checking) Act 2011.
(2) Section 16 does not apply in relation to an application by a person
convicted of arson or attempted arson to be appointed, employed or
otherwise engaged (whether or not for financial reward) in any other
capacity in fire fighting or fire prevention.
(3) Section 16 does not apply in relation to a proceeding before a court
(including the giving of evidence) or the making of a decision by a
court (including a decision about sentencing).
(4) However, a court before which evidence of a spent conviction is
admitted must, in appropriate circumstances, take the steps
reasonably available to it to prevent or minimise publication of the
evidence.
(5) Section 16 does not apply in relation to the making of a decision under
the Firearms Act 1996 about a person’s suitability.
Consequences of a conviction becoming spent Part 3
Section 19
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(6) Section 16 does not apply in relation to the making of a decision under
the Casino Control Act 2006 about whether a person is an eligible
person for that Act.
(7) Section 16 does not apply in relation to the making of an application
for, or for the renewal of, a licence or approval under the Race and
Sports Bookmaking Act 2001.
(8) Section 16 does not apply to a notice or police report under the Sex
Work Act 1992, part 2 (Registration).
(9) Section 16 does not apply to a conviction that is spent under
section 12 (When is a conviction spent?) in relation to—
(a) the making of an application for a licence under the Security
Industry Act 2003; and
(b) the giving of a police certificate under that Act;
(c) the making of a decision about issuing a licence under that Act.
(10) Section 16 does not apply in relation to an application for, or the
renewal of, a registration or permit to teach under the ACT Teacher
Quality Institute Act 2010.
(11) This Act does not affect any of the following provisions:
(a) the Crimes Act 1900, section 291 (Evidence of previous
conviction charged in indictment);
(b) the Evidence Act 2011, part 3.5 (Evidence of judgments and
convictions) and part 3.8 (Character).
(12) In this section:
childcare centre includes a childcare centre within the meaning of the
Children and Young People Act 2008, section 733.
Part 3 Consequences of a conviction becoming spent
Section 19
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education and care service—
(a) means an education and care service within the meaning of the
Education and Care Services National Law (ACT), section 5;
but
(b) does not include a family day care service within the meaning
of the Education and Care Services National Law (ACT),
section 5.
educator—see the Education and Care Services National Law (ACT),
section 5.
Note The Education and Care Services National Law (ACT) Act 2011, s 6
applies the Education and Care Services National Law set out in the
Education and Care Services National Law Act 2010 (Vic), schedule as
if it were an ACT law called the Education and Care Services National
Law (ACT).
Extinguishing historical homosexual offence convictions Part 3A
Section 19A
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Part 3A Extinguishing historical
homosexual offence convictions
19A Definitions—pt 3A
In this part:
historical homosexual offence means—
(a) an offence under the following sections of the Crimes Act 1900,
before the offence was repealed by the Crimes (Amendment)
Ordinance (No 5) 1985, section 7:
(i) section 79 (Buggery and bestiality) to the extent that the
offence relates to buggery;
(ii) section 80 (Attempt, &c., to commit buggery);
(iii) section 81 (Indecent assault on male); or
(b) an offence under another law prescribed by regulation to the
extent that the offence was—
(i) constituted by a person engaging in any form of sexual
activity with another person of the same sex; or
(ii) a public morality offence; or
(c) an offence of attempting, or of conspiracy or incitement, to
commit an offence mentioned in paragraph (a) or (b).
public morality offence means an offence—
(a) the essence of which is the maintenance of public decency or
morality; and
(b) by which homosexual behaviour could be punished.
Part 3A Extinguishing historical homosexual offence convictions
Section 19B
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19B Application to have conviction extinguished
(1) A person convicted of a historical homosexual offence may apply to
the director-general for the conviction to be extinguished.
(2) An application—
(a) must be made—
(i) in writing; or
(ii) in any other way the director-general is satisfied on
reasonable grounds is appropriate; and
(b) must state the following:
(i) the applicant’s name, address and date of birth;
(ii) the applicant’s name and address at the time of the
conviction;
(iii) to the extent known to the applicant, the date when and the
court where the applicant was convicted; and
(c) may include any other information that may assist the
director-general to decide the application.
Note It is an offence to make a false or misleading statement, give false or
misleading information or produce a false or misleading document (see
Criminal Code, pt 3.4).
(3) If the person has died, an application may be made on behalf of the
person by—
(a) the person’s legal personal representative; or
(b) a domestic partner, parent, child or sibling of the person; or
(c) a person who was in a close personal relationship with the
person immediately before the person’s death; or
(d) if another person was involved in the activity that constituted the
offence—the other person.
Extinguishing historical homosexual offence convictions Part 3A
Section 19C
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19C Request for additional information
(1) The director-general may, in writing, request the applicant to give the
director-general additional information or documents that the
director-general reasonably needs to decide the application.
Note For how documents may be given, see the Legislation Act, pt 19.5.
(2) If the applicant does not comply with the request, the director-general
may refuse to consider the application further.
(3) The applicant is taken to have complied with the request if the
applicant satisfies the director-general that the applicant is unable to
comply with the request.
19D Decision on application to have conviction extinguished
(1) On application by a person under section 19B (Application to have
conviction extinguished), the director-general must—
(a) extinguish a conviction; or
(b) refuse to extinguish a conviction.
(2) The director-general must not extinguish the conviction unless
satisfied—
(a) if the conviction was for an offence that involved sexual
activity—that the convicted person is eligible to have the
conviction extinguished under section 19E; and
(b) of any other matters prescribed by regulation.
(3) The director-general must not refuse to extinguish a conviction
unless—
(a) the director-general has given the applicant written notice of the
proposed refusal; and
(b) the notice—
(i) states the reasons for the proposed refusal; and
Part 3A Extinguishing historical homosexual offence convictions
Section 19E
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(ii) includes a copy of any records relating to the conviction
held by or accessible to the director-general; and
(iii) states that further information may be given to the
director-general in relation to the application not later than
14 days after the day the notice is given to the applicant;
and
Note For how documents may be given, see the Legislation Act,
pt 19.5.
(c) the director-general has considered any further information
given by the applicant to the director-general under paragraph
(b) (iii).
(4) The director-general must tell the applicant, in writing, of the decision
under subsection (1) and, if the decision is to refuse to extinguish the
conviction, the reasons for it.
(5) If the director-general extinguishes the conviction the
director-general must tell the chief police officer about the decision.
Note The director-general must also give the person a reviewable decision
notice in relation to a decision to refuse to extinguish the conviction (see
s 19L).
19E Eligibility
A person is eligible to have a conviction for a historical homosexual
offence that involved sexual activity extinguished if the
director-general is satisfied on reasonable grounds that any other
person involved in the sexual activity consented to the sexual activity
and—
(a) was 16 years old or older; or
(b) was 10 years old or older and not more than 2 years younger
than the person; or
Extinguishing historical homosexual offence convictions Part 3A
Section 19F
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(c) for a person who was under the special care of the person within
the meaning of the Crimes Act 1900, section 55A (Sexual
intercourse with young person under special care)—
(i) was 18 years old or older; or
(ii) was under 18 years old and not more than 2 years younger
than the person.
19F Director-general may obtain information
The director-general may, by written notice, require 1 or more of the
following entities to provide the director-general with the information
requested in the notice to enable a decision to be made under
section 19D (Decision on application to have conviction
extinguished):
(a) a public employee;
(b) a police officer;
(c) a court;
(d) the director of public prosecutions;
(e) an entity prescribed by regulation.
19G Restriction on right to re-apply
(1) This section applies to a person whose application to have a
conviction extinguished (the earlier application) has been refused by
the director-general under section 19D (Decision on application to
have conviction extinguished).
(2) The person may have a further application in relation to that
conviction considered by the director-general only if the
director-general is satisfied on reasonable grounds that other
necessary supporting information became available after the earlier
application was decided.
Part 3AA Extinguishing youth offence convictions
Section 19GA
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Part 3AA Extinguishing youth offence
convictions
19GA Meaning of youth offence conviction
For this Act:
youth offence conviction means a conviction for an offence
committed by a person who was under 14 years old when the offence
was committed.
19GB Youth offence convictions extinguished
(1) A youth offence conviction (other than a conviction mentioned in
subsection (3)) is extinguished.
(2) A youth offence conviction spent before the commencement of this
section is extinguished under this section.
(3) A youth offence conviction is not extinguished if the offence for
which the conviction was imposed—
(a) is an offence mentioned in table 19GB; and
(b) was committed by a person who was at least 12 years old.
Table 19GB
column 1
item
column 2
offence
1 Crimes Act 1900, s 12 (Murder)
2 Crimes Act 1900, s 19 (Intentionally inflicting grievous bodily harm)
3 Crimes Act 1900, s 51 (Sexual assault in the first degree)
4 Crimes Act 1900, s 57 (Act of indecency in the first degree)
Consequences of extinguished convictions Part 3B
Section 19H
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Part 3B Consequences of extinguished
convictions
19H Consequences of conviction becoming extinguished
(1) The following applies to a person whose conviction has been
extinguished:
(a) the person is not required to disclose information about the
extinguished conviction to anyone;
(b) a question about the person’s criminal history is taken not to
refer to the extinguished conviction;
(c) in applying an Act to the person—
(i) a reference to a conviction (however expressed) is taken
not to refer to the extinguished conviction; and
(ii) a reference to the person’s character (however expressed)
does not allow or require anyone to take the extinguished
conviction into account.
Note A reference to an Act includes a reference to the statutory instruments
made or in force under the Act, including regulations (see Legislation
Act, s 104).
(2) The following also applies to a person whose youth offence
conviction has been extinguished:
(a) in applying an Act to the person, the person is taken never to
have committed or to have been charged with, convicted of, or
sentenced for the offence the subject of the extinguished
conviction (the offence);
(b) it is lawful for the person to state in a proceeding before a court
or tribunal that the person has not been charged with or
convicted of the offence.
Part 3B Consequences of extinguished convictions
Section 19I
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(3) This section has effect despite the Health Practitioner Regulation
National Law (ACT), section 77 (4), section 79 (3) and
section 135 (3).
(4) However, subsections (1) and (2) do not apply in relation to an
application by a person for registration under—
(a) the Working with Vulnerable People (Background Checking)
Act 2011; or
(b) a corresponding law within the meaning of that Act, dictionary.
19I Unlawful disclosure of extinguished conviction
(1) A person commits an offence if the person—
(a) has access to records of convictions kept by or on behalf of a
public authority; and
(b) discloses any information about an extinguished conviction to
someone else.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) Subsection (1) does not apply to—
(a) an archive or library, or an authorised officer of an archive or
library, that makes available to a member of the public, or to
another archive or library, under the normal procedures of the
archive or library, material that is normally available for public
use and that contains information about an extinguished
conviction; or
(b) a public authority that has a record of an extinguished
conviction, or an authorised officer of the authority, that makes
information about the conviction available to the convicted
person; or
Consequences of extinguished convictions Part 3B
Section 19J
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(c) the director-general, or any person acting under the direction of
the director-general, in informing a public authority that holds
information about convictions that a particular conviction is an
extinguished conviction.
(3) This section has effect despite the Health Practitioner Regulation
National Law (ACT), section 77 (4), section 79 (3) and
section 135 (3).
19J Improperly obtaining information about extinguished
convictions
A person must not fraudulently or dishonestly obtain information
about an extinguished conviction from records of convictions kept by
or on behalf of a public authority.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
Part 3C Notification and review of decisions
Section 19K
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Part 3C Notification and review of
decisions
19K Meaning of reviewable decision––pt 3C
In this part:
reviewable decision means a decision mentioned in schedule 1,
column 3 under a provision of this Act mentioned in column 2 in
relation to the decision.
19L Reviewable decision notices
If the director-general makes a reviewable decision, the
director-general must give a reviewable decision notice to each entity
mentioned in schedule 1, column 4 in relation to the decision.
Note The director-general must also take reasonable steps to give a reviewable
decision notice to any other person whose interests are affected by the
decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
19M Applications for review
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the decision.
Miscellaneous Part 4
Section 20
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Part 4 Miscellaneous
20 Act does not authorise contravention of other laws
This Act does not authorise a person to disclose a conviction or to
take a conviction into account if to do so would contravene any other
law.
21 Act does not affect certain other lawful acts
This Act does not affect anything lawfully done before a conviction
is spent, extinguished or quashed or a pardon is granted.
22 Act does not authorise destruction of records
This Act does not authorise the destruction by or on behalf of a public
authority of a record relating to a spent conviction, an extinguished
conviction, quashed conviction or pardon.
22A Approved forms
(1) The director-general may approve forms for this Act.
(2) If the director-general approves a form for a particular purpose, the
approved form must be used for the purpose.
(3) An approved form is a notifiable instrument.
23 Regulation-making power
(1) The Executive may make regulations for this Act.
(2) The regulations may provide that this Act or a prescribed provision
of this Act does not affect a prescribed Act or a prescribed provision
of an Act.
Part 4 Miscellaneous
Section 23
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(3) The regulations may provide that a provision of this Act does not
apply—
(a) in relation to a conviction, finding or order of a particular kind,
or a charge relating to such a conviction, finding or order; or
(b) in relation to a class of persons; or
(c) in relation to particular circumstances.
(4) A regulation made for section 11 (2) (d), the definition of sexual
offence in the dictionary, or this section, may provide that, despite
this Act, a conviction is taken never to have been spent or never to be
capable of becoming spent.
Reviewable decisions Schedule 1
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Schedule 1 Reviewable decisions
(see pt 3C)
column 1
item
column 2
section
column 3
decision
column 4
entity
1 19D (1) refuse to extinguish conviction applicant
Dictionary
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Dictionary
(see s 4)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• Act
• administrative unit
• chief police officer
• director-general (see s 163)
• director of public prosecutions
• domestic partner (see s 169 (1))
• entity
• exercise
• function
• law, of the Territory
• penalty unit (see s 133)
• police officer
• public employee
• State
• territory authority
• territory law
• the Territory.
ACT offence means an offence against a Territory law.
another Territory means a Territory other than this Territory or the
Northern Territory.
Commonwealth law means—
(a) a Commonwealth Act other than—
(i) the Australian Capital Territory (Self-Government)
Act 1988 (Cwlth); or
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(ii) the Northern Territory (Self-Government) Act 1978
(Cwlth); or
(b) an instrument made under a Commonwealth Act (other than a
Commonwealth Act mentioned in paragraph (a) (i) or (ii)); or
(c) any other legislation that applies as a Commonwealth law (other
than legislation so far as it is applied by a Commonwealth Act
mentioned in paragraph (a) (i) or (ii)), to the extent that it
operates as a Commonwealth law;
and includes a law in force in a Territory other than the Northern
Territory or this Territory.
Commonwealth offence means an offence against a Commonwealth
law.
control order means an order made under—
(a) the Children and Young People Act 1999, section 96 (1) (k)
or (l); or
(b) the Children’s Services Act 1986, section 47 (1) (j) or (k).
conviction—see section 6.
court includes a tribunal.
crime-free period—see section 13.
extinguished, for a conviction—see section 7A.
foreign law means a law of a foreign country.
foreign offence means an offence against a foreign law.
historical homosexual offence, for part 3A (Extinguishing historical
homosexual offence convictions)—see section 19A.
law enforcement agency means any of the following:
(a) the Australian Federal Police;
(b) the police service or force of a State, another Territory or a
foreign country;
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(c) the Department of Home Affairs (Cwlth);
(d) the Australian Crime Commission;
(e) the New South Wales Independent Commission Against
Corruption or a similar entity established under the law of
another State;
(f) the New South Wales Crime Commission or a similar entity
established under the law of another State;
(g) the Attorney-General for the Territory, the Commonwealth, a
State or another Territory;
(h) people employed in a government department of the
Commonwealth, a State or another Territory and whose primary
functions are the beginning or conduct of proceedings for
offences;
(i) the Office of the Director of Public Prosecutions or a similar
entity established under a Commonwealth or State law;
(j) the director of public prosecutions, or a person performing a
similar function under a Commonwealth or State law;
(k) a lawyer to the extent that the lawyer is engaged under a
Commonwealth or State law to prosecute offences;
(l) prison officers;
(m) an entity prescribed under the regulations.
prison officer includes a person employed in an entity responsible
under the law of the Territory, or of the Commonwealth, a State or a
foreign country, for providing correctional services for offenders.
public authority means an administrative unit or territory authority,
and includes a person exercising functions for the Territory, an
administrative unit or territory authority.
public morality offence, for part 3A (Extinguishing historical
homosexual offence convictions)—see section 19A.
Dictionary
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quash—see section 8.
reviewable decision, for part 3C (Notification and review of
decisions)—see section 19K.
sexual offence means the following offences:
(a) an offence against the Crimes Act 1900, part 3 (Sexual Offences)
or part 4 (Female Genital Mutilation);
(b) an offence (for example, an offence against the Crimes Act 1900,
section 27 (Acts endangering life etc) or the Criminal Code,
section 311 (Burglary)) that includes the commission of, or an
intention to commit, an offence mentioned in paragraph (a)
or (d);
(c) an offence of attempting, or of conspiracy or incitement, to
commit an offence mentioned in paragraph (a), (b) or (d);
(d) an offence (including a Commonwealth offence, State offence
or foreign offence) prescribed under the regulations;
(e) an ACT offence committed before the date of commencement
of this definition of a similar nature to an offence mentioned in
paragraphs (a) to (d);
and includes any Commonwealth offence, State offence or foreign
offence that is similar in nature to an ACT offence mentioned in
paragraph (a), (b), (c) or (e) or is prescribed under the regulations.
spent, for a conviction—see section 7.
State law means a law in force in a State (other than a Commonwealth
law).
Note State includes the Northern Territory (see Legislation Act, dict, pt 1).
victim, for division 2.2 (Spent convictions—youth sexual offences)—
see section 14B.
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youth offence conviction—see section 19GA.
youth sexual offence conviction, for part 2 (Spent convictions)—see
section 14A.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
Spent Convictions Act 2000 A2000-48
notified 28 September 2000 (Gaz 2000 No 39)
s 1, s 2 commenced 28 September 2000 (IA s 10B)
remainder commenced 28 March 2001 (IA s 10E)
as amended by
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 366
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 366 commenced 12 September 2001 (s 2 and see Gaz 2001
No S65)
Race and Sports Bookmaking Act 2001 A2001-49 sch 2 pt 4
notified 12 July 2001 (Gaz 2001 No 28)
s 1, s 2 commenced 12 July 2001 (IA s 10B)
sch 2 pt 4 commenced 7 September 2001 (Gaz 2001 No S68)
Prostitution Amendment Act 2002 A2002-35 s 26, s 27
notified LR 8 October 2002
s 1, s 2 commenced 8 October 2002 (LA s 75 (1))
s 26, s 27 commenced 16 December 2002 (s 2 and CN2002-15)
Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.25
notified LR 5 December 2003
s 1, s 2 commenced 5 December 2003 (LA s 75 (1))
sch 3 pt 3.25 commenced 19 December 2003 (s 2)
Australian Crime Commission (ACT) Act 2003 A2003-58 sch 1 pt 1.3
notified LR 17 December 2003
s 1, s 2 commenced 17 December 2003 (LA s 75 (1))
sch 1 pt 1.3 commenced 17 June 2004 (s 2 and LA s 79)
Criminal Code (Administration of Justice Offences) Amendment
Act 2005 A2005-53 sch 2 pt 2.5
notified LR 26 October 2005
s 1, s 2 commenced 26 October 2005 (LA s 75 (1))
sch 2 pt 2.5 commenced 23 November 2005 (s 2)
Endnotes
Legislation history 3
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Casino Control Act 2006 A2006-2 sch 1 pt 1.5
notified LR 22 February 2006
s 1, s 2 commenced 22 February 2006 (LA s 75 (1))
sch 1 pt 1.5 commenced 1 May 2006 (s 2 and CN2006-6)
Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.33
notified LR 18 May 2006
s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
sch 1 pt 1.33 commenced 2 June 2006 (s 2 (1) and see Crimes
(Sentence Administration) Act 2005 A2005-59 s 2, Crimes
(Sentencing) Act 2005 A2005-58, s 2 and LA s 79)
Firearms Amendment Act 2008 A2008-25 sch 2 pt 2.5
notified LR 15 July 2008
s 1, s 2 commenced 15 July 2008 (LA s 75 (1))
sch 2 pt 2.5 commenced 15 January 2009 (s 2 (1) and LA s 79)
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.53
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.53 commenced 26 August 2008 (s 2)
Road Transport (Alcohol and Drugs) Legislation Amendment
Act 2010 A2010-47 pt 1.3
notified LR 25 November 2010
s 1, s 2 commenced 25 November 2010 (LA s 75 (1))
pt 1.3 commenced 1 December 2010 (s 2 (2) and see Road Transport
(Alcohol and Drugs) (Random Drug Testing) Amendment Act 2010
A2010-27, s 2 and CN2010-15)
Road Transport (Alcohol and Drugs) Legislation Amendment
Act 2011 A2011-15 pt 7
notified LR 12 May 2011
s 1, s 2 commenced 12 May 2011 (LA s 75 (1))
pt 7 commenced 13 May 2011 (s 2)
ACT Teacher Quality Institute Amendment Act 2011 A2011-34 s 21
notified LR 5 September 2011
s 1, s 2 commenced 5 September 2011 (LA s 75 (1))
s 21 commenced 4 October 2011 (s 2 and CN2011-10)
Endnotes
3 Legislation history
page 42 Spent Convictions Act 2000
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Security Industry Amendment Act 2011 A2011-37 pt 4
notified LR 27 September 2011
s 1, s 2 commenced 27 September 2011 (LA s 75 (1))
pt 4 commenced 27 September 2012 (s 2 (2))
Working with Vulnerable People (Consequential Amendments) Act
2011 A2011-45 sch 1 pt 1.4
notified LR 8 November 2011
s 1, s 2 commenced 8 November 2011 (LA s 75 (1))
sch 1 pt 1.4 commenced 8 November 2012 (s 2 and see Working with
Vulnerable People (Background Checking) Act 2011 A2011-44 s 2 (2))
Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1
pt 1.35
notified LR 22 November 2011
s 1, s 2 commenced 22 November 2011 (LA s 75 (1))
sch 1 pt 1.35 commenced 1 March 2012 (s 2 (1) and see Evidence
Act 2011 A2011-12, s 2 and CN2012-4)
Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.50
notified LR 28 November 2011
s 1, s 2 commenced 28 November 2011 (LA s 75 (1))
sch 3 pt 3.50 commenced 12 December 2011 (s 2)
Crimes (Sentencing) Amendment Act 2014 A2014-58 sch 1 pt 1.4
notified LR 4 December 2014
s 1, s 2 commenced 4 December 2014 (LA s 75 (1))
sch 1 pt 1.4 commenced 5 December 2014 (s 2)
Spent Convictions (Historical Homosexual Convictions
Extinguishment) Amendment Act 2015 A2015-45
notified LR 6 November 2015
s 1, s 2 commenced 6 November 2015 (LA s 75 (1))
remainder commenced 7 November 2015 (s 2)
Statute Law Amendment Act 2015 (No 2) A2015-50 sch 3 pt 3.32
notified LR 25 November 2015
s 1, s 2 commenced 25 November 2015 (LA s 75 (1))
sch 3 pt 3.32 commenced 9 December 2015 (s 2)
Endnotes
Legislation history 3
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Crimes (Sentencing and Restorative Justice) Amendment Act 2016
A2016-4 sch 1 pt 1.10
notified LR 24 February 2016
s 1, s 2 commenced 24 February 2016 (LA s 75 (1))
sch 1 pt 1.10 commenced 2 March 2016 (s 2 (1))
Discrimination Amendment Act 2016 A2016-49 sch 1 pt 1.6
notified LR 23 August 2016
s 1, s 2 commenced 23 August 2016 (LA s 75 (1))
sch 1 pt 1.6 commenced 24 August 2016 (s 2 (1))
Statute Law Amendment Act 2017 A2017-4 sch 3 pt 3.32
notified LR 23 February 2017
s 1, s 2 commenced 23 February 2017 (LA s 75 (1))
sch 3 pt 3.32 commenced 9 March 2017 (s 2)
Road Transport Reform (Light Rail) Legislation Amendment Act 2017
A2017-21 sch 1 pt 1.15
notified LR 8 August 2017
s 1, s 2 commenced 8 August 2017 (LA s 75 (1))
sch 1 pt 1.15 commenced 15 August 2017 (s 2)
Prostitution Amendment Act 2018 A2018-25 sch 1 pt 1.4
notified LR 8 August 2018
s 1, s 2 commenced 8 August 2018 (LA s 75 (1))
sch 1 pt 1.4 commenced 9 August 2018 (s 2)
Statute Law Amendment Act 2018 A2018-42 sch 3 pt 33
notified LR 8 November 2018
s 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))
sch 3 pt 3.33 commenced 22 November 2018 (s 2 (1))
Justice Legislation Amendment Act 2020 A2020-42 pt 28
notified LR 27 August 2020
s 1, s 2 commenced 27 August 2020 (LA s 75 (1))
pt 28 commenced 27 February 2021 (s 2 (6) and LA s 79)
Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.55
notified LR 9 June 2021
s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
sch 3 pt 3.55 commenced 23 June 2021 (s 2 (1))
Endnotes
3 Legislation history
page 44 Spent Convictions Act 2000
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Crimes Legislation Amendment Act 2023 A2023-33 sch 2 pt 2.7
notified LR 6 September 2023
s 1, s 2 commenced 6 September 2023 (LA s 75 (1))
sch 2 pt 2.7 commenced 13 September 2023 (s 2)
Justice (Age of Criminal Responsibility) Legislation Amendment
Act 2023 A2023-45 pt 9
notified LR 15 November 2023
s 1, s 2 commenced 15 November 2023 (LA s 75 (1))
ss 122-124, s 126, s 128, ss 130-132 commenced 22 November 2023
(s 2 (1))
pt 9 remainder commenced 1 July 2025 (s 2 (3))
Education and Care Services (National Law (ACT) Amendment
Act 2024 A2024-33 sch 1 pt 1.7
notified LR 10 July 2024
s 1, s 2 commenced 10 July 2024 (LA s 75 (1))
sch 1 pt 1.7 commenced 11 July 2024 (s 2 (1))
Crimes Legislation Amendment Act 2025 A2025-9 pt 3
notified LR 17 April 2025
s 1, s 2 commenced 17 April 2025 (LA s 75 (1))
pt 3 commenced 1 July 2025 (s 2 and see Justice (Age of Criminal
Responsibility) Legislation Amendment Act 2023 A2023-45 s 2 (3))
Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.88, sch 4
pt 4.167
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 3 pt 3.88, sch 4 pt 4.167 commenced 26 November 2025 (s 2 (3),
(9))
Endnotes
Amendment history 4
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4 Amendment history
Long title
long title am A2015-45 s 4
Commencement
s 2 om A2001-44 amdt 1.3907
Overview of Act
s 3 am A2003-56 amdt 3.230; A2015-45 s 5; A2016-49 amdt 1.24;
amdt 1.25; A2021-12 amdt 3.167; A2023-45 s 122
Dictionary
s 4 sub A2003-56 amdt 3.231
Offences against Act—application of Criminal Code etc
s 5A ins A2015-45 s 6
Meaning of conviction
s 6 am A2003-56 amdt 3.232; A2006-23 amdt 1.282, amdt 1.283
Meaning of spent conviction
s 7 am A2006-23 amdt 1.284
Meaning of extinguished conviction
s 7A ins A2015-45 s 7
am A2023-45 s 123
Spent convictions—general
div 2.1 hdg ins A2020-42 s 140
Which convictions can become spent?
s 11 am A2006-23 amdt 1.285, amdt 1.286; A2014-58 amdt 1.6;
A2016-4 amdt 1.18; A2020-42 s 141; A2023-45 s 124, s 125
When is a conviction spent?
s 12 am A2003-56 amdt 3.233, amdt 3.234; A2006-23 amdt 1.287,
amdt 1.288; ss renum R8 LA (see A2006-23 amdt 1.289);
A2020-42 s 142; ss renum R27 LA; A2023-33 amdt 2.33
What is a crime-free period?
s 13 am A2003-56 amdt 3.230
How are traffic offences to be dealt with?
s 14 am A2010-47 amdt 1.6; A2011-15 ss 88-91; A2017-21
amdt 1.36
Spent convictions—youth sexual offences
div 2.2 hdg ins A2020-42 s 143
Meaning of youth sexual offence conviction—pt 2
s 14A ins A2020-42 s 143
am A2023-45 s 126, s 127; A2025-9 s 15
Endnotes
4 Amendment history
page 46 Spent Convictions Act 2000
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Meaning of victim—div 2.2
s 14B ins A2020-42 s 143
Application for youth sexual offence conviction to be spent
s 14C ins A2020-42 s 143
Chief police officer and DPP to be notified of application
s 14D ins A2020-42 s 143
Transfer of application to other courts
s 14E ins A2020-42 s 143
Order for spent youth sexual offence conviction
s 14F ins A2020-42 s 143
Spent convictions—revival
div 2.3 hdg ins A2020-42 s 143
What are the consequences of a conviction becoming spent?
s 16 am A2001-44 amdt 1.3908, amdt 1.3909
Exclusions
s 19 am A2001-49 amdt 2.28, amdt 2.29; A2002-35 s 26; ss renum
R3 LA (see A2002-35 s 27); A2006-2 amdt 1.18, amdt 1.19;
A2008-28 amdt 3.162; A2008-25 amdt 2.10; A2011-34 s 21;
ss renum R13 LA; A2011-48 amdt 1.52; A2011-37 s 34; pars
renum R16 LA; A2011-45 amdt 1.26; A2018-25 amdt 1.4;
A2024-33 amdts 1.13-1.15
Extinguishing historical homosexual offence convictions
pt 3A hdg ins A2015-45 s 8
Definitions—pt 3A
s 19A ins A2015-45 s 8
def historical homosexual offence ins A2015-45 s 8
def public morality offence ins A2015-45 s 8
Application to have conviction extinguished
s 19B ins A2015-45 s 8
am A2025-29 amdt 4.168
Request for additional information
s 19C ins A2015-45 s 8
Decision on application to have conviction extinguished
s 19D ins A2015-45 s 8
Eligibility
s 19E ins A2015-45 s 8
Director-general may obtain information
s 19F ins A2015-45 s 8
Endnotes
Amendment history 4
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Restriction on right to re-apply
s 19G ins A2015-45 s 8
Extinguishing youth offence convictions
pt 3AA hdg ins A2023-45 s 128
Meaning of youth offence conviction
s 19GA ins A2023-45 s 128
sub A2023-45 s 129
Youth offence convictions extinguished
s 19GB ins A2023-45 s 128
sub A2023-45 s 129
Consequences of extinguished convictions
pt 3B hdg ins A2015-45 s 8
Consequences of conviction becoming extinguished
s 19H ins A2015-45 s 8
am A2023-45 s 130, s 131; ss renum R30 LA; A2025-9 s 16
Unlawful disclosure of extinguished conviction
s 19I ins A2015-45 s 8
Improperly obtaining information about extinguished convictions
s 19J ins A2015-45 s 8
Notification and review of decisions
pt 3C hdg ins A2015-45 s 8
Meaning of reviewable decision––pt 3C
s 19K ins A2015-45 s 8
Reviewable decision notices
s 19L ins A2015-45 s 8
am A2025-29 amdt 4.168
Applications for review
s 19M ins A2015-45 s 8
am A2025-29 amdt 4.168
Act does not affect certain other lawful acts
s 21 am A2015-45 s 9
Act does not authorise destruction of records
s 22 am A2015-45 s 10
Approved forms
s 22A ins A2015-45 s 11
am A2025-29 amdt 4.168
Regulation-making power
s 23 am A2001-44 amdt 1.3910; A2025-29 amdt 4.168
Endnotes
4 Amendment history
page 48 Spent Convictions Act 2000
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Amendment of Discrimination Act
pt 5 hdg om R1 LRA
Grounds
s 24 om R1 LRA
Reviewable decisions
sch 1 ins A2015-45 s 12
Dictionary
dict am A2003-56 amdt 3.236; A2011-52 amdt 3.188; A2015-45
s 13; A2017-4 amdt 3.194; A2025-29 amdt 3.315
def ACT offence am A2003-56 amdt 3.237
def casino om A2003-56 amdt 3.238
def correctional agency om A2003-56 amdt 3.239
def extinguished ins A2015-45 s 14
def function om A2003-56 amdt 3.240
def historical homosexual offence ins A2015-45 s 14
def law enforcement agency am A2003-56 amdt 3.241,
amdt 3.242; A2003-58 amdt 1.3; pars renum R5 LA (see
A2003-58 amdt 1.4); A2011-52 amdt 3.189; A2015-50
amdt 3.152; A2017-4 amdt 3.195; pars renum R23 LA;
A2018-42 amdt 3.111
def prison officer sub A2003-56 amdt 3.243
def public authority am A2003-56 amdt 3.244; A2025-29
amdt 3.316
def public morality offence ins A2015-45 s 14
def reviewable decision ins A2015-45 s 14
def sexual offence am A2005-53 amdt 2.26; A2015-50
amdts 3.153-3.155
def victim ins A2020-42 s 144
def youth offence conviction ins A2023-45 s 132
def youth sexual offence conviction ins A2020-42 s 144
Endnotes
Earlier republications 5
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5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications are
marked with an asterisk (*) in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication No Amendments to Republication date
1 not amended 1 July 2001
2 A2001-49 12 September 2001
3 A2002-35 16 December 2002
4 A2003-58 19 December 2003
5 A2003-58 17 June 2004
6 A2005-53 23 November 2005
7 A2006-2 1 May 2006
8 A2006-23 2 June 2006
9 A2008-28 26 August 2008
10 A2008-28 15 January 2009
11 A2010-47 1 December 2010
12 A2011-15 13 May 2011
13 A2011-34 4 October 2011
14 A2011-52 12 December 2011
15 A2011-52 1 March 2012
16 A2011-52 27 September 2012
17 A2011-52 8 November 2012
18 A2014-58 5 December 2014
19 A2015-45 7 November 2015
20 A2015-50 9 December 2015
21 A2016-4 2 March 2016