sec.320Requesting further information about interstate convictions and charges

sec.320 Requesting further information about interstate convictions and charges

This section applies if police information about a person obtained under division 2 includes— a conviction of the person for an offence in another State, including an interstate spent conviction of the person; or an interstate charge against the person. The chief executive may ask an interstate police commissioner for a brief description of the circumstances of the conviction or charge. The chief executive’s request may include the following information— the person’s name and any other name the chief executive believes the person may use or have used; the person’s gender and date and place of birth. To remove any doubt, it is declared that this section applies in relation to— a conviction of a person whether the conviction happened before or after the commencement of this section; and an interstate charge against a person whether the offence to which the charge relates was committed or alleged to have been committed before or after the commencement of this section. In this section— interstate charge , made against a person, means a charge against the person for an offence alleged to have been committed by the person against a law of another State or the Commonwealth. interstate police commissioner means the commissioner of a police force or service of another State or the Commonwealth. interstate rehabilitation law means a law applying, or that applied, in another State or the Commonwealth, that provides, or provided, for the same matter as the Criminal Law (Rehabilitation of Offenders) Act 1986 . interstate spent conviction , of a person, means a conviction for an offence committed by the person against a law of another State or the Commonwealth that the person is not required to disclose under an interstate rehabilitation law because— a rehabilitation period prescribed under that law for the conviction has expired; and the conviction has not been revived under that law. s 320 ins 2010 No. 5 s 58 amd 2014 No. 28 ss 55 , 56 (sec.320-ssec.1) This section applies if police information about a person obtained under division 2 includes— a conviction of the person for an offence in another State, including an interstate spent conviction of the person; or an interstate charge against the person. (sec.320-ssec.2) The chief executive may ask an interstate police commissioner for a brief description of the circumstances of the conviction or charge. (sec.320-ssec.3) The chief executive’s request may include the following information— the person’s name and any other name the chief executive believes the person may use or have used; the person’s gender and date and place of birth. (sec.320-ssec.4) To remove any doubt, it is declared that this section applies in relation to— a conviction of a person whether the conviction happened before or after the commencement of this section; and an interstate charge against a person whether the offence to which the charge relates was committed or alleged to have been committed before or after the commencement of this section. (sec.320-ssec.5) In this section— interstate charge , made against a person, means a charge against the person for an offence alleged to have been committed by the person against a law of another State or the Commonwealth. interstate police commissioner means the commissioner of a police force or service of another State or the Commonwealth. interstate rehabilitation law means a law applying, or that applied, in another State or the Commonwealth, that provides, or provided, for the same matter as the Criminal Law (Rehabilitation of Offenders) Act 1986 . interstate spent conviction , of a person, means a conviction for an offence committed by the person against a law of another State or the Commonwealth that the person is not required to disclose under an interstate rehabilitation law because— a rehabilitation period prescribed under that law for the conviction has expired; and the conviction has not been revived under that law.