Working with Children Check Act 2000
sec.540Effect of conviction or charge for new disqualifying offence or new serious offence
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sec.540 Effect of conviction or charge for new disqualifying offence or new serious offence
For applying section 169(1)(a) or 170(a) in relation to a person convicted of a new disqualifying offence, it is immaterial when the offence was committed or when the person was convicted of the offence. Section 240 applies in relation to a person holding a current positive notice who is charged with a new disqualifying offence even if the charge, or the acts or omissions constituting the alleged offence, happened before the commencement. Section 298 applies in relation to a person holding a current positive exemption notice who is charged with a new disqualifying offence even if the charge, or the acts or omissions constituting the alleged offence, happened before the commencement. Without limiting this division, in applying the amended Act on and from the commencement, it is immaterial— when a new disqualifying offence or new serious offence was committed; or when a person was convicted of a new disqualifying offence or new serious offence; or when a charge for a new disqualifying offence, or the acts or omissions constituting the alleged offence, happened. An offence may have been committed, and the person convicted of the offence, before the commencement. s 540 ins 2013 No. 14 s 4 (sec.540-ssec.1) For applying section 169(1)(a) or 170(a) in relation to a person convicted of a new disqualifying offence, it is immaterial when the offence was committed or when the person was convicted of the offence. (sec.540-ssec.2) Section 240 applies in relation to a person holding a current positive notice who is charged with a new disqualifying offence even if the charge, or the acts or omissions constituting the alleged offence, happened before the commencement. (sec.540-ssec.3) Section 298 applies in relation to a person holding a current positive exemption notice who is charged with a new disqualifying offence even if the charge, or the acts or omissions constituting the alleged offence, happened before the commencement. (sec.540-ssec.4) Without limiting this division, in applying the amended Act on and from the commencement, it is immaterial— when a new disqualifying offence or new serious offence was committed; or when a person was convicted of a new disqualifying offence or new serious offence; or when a charge for a new disqualifying offence, or the acts or omissions constituting the alleged offence, happened. An offence may have been committed, and the person convicted of the offence, before the commencement.
- (a) when a new disqualifying offence or new serious offence was committed; or
- (b) when a person was convicted of a new disqualifying offence or new serious offence; or
- (c) when a charge for a new disqualifying offence, or the acts or omissions constituting the alleged offence, happened.