Working with Vulnerable People (Background Checking) Act 2011
11BMeaning of disqualifying offence etc
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11B Meaning of disqualifying offence etc class A disqualifying offence means an offence against— (a) a provision of a law mentioned in schedule 3, part 3.2, column 2, if any condition mentioned in column 4 for the offence is met; or (b) a provision of a law declared to be a class A disqualifying offence, if any condition declared for the offence is met. class B disqualifying offence means an offence against— (a) a provision of a law mentioned in schedule 3, part 3.3, column 2, if any condition mentioned in column 4 for the offence is met; or (b) a provision of a law declared to be a class B disqualifying offence, if any condition declared for the offence is met. disqualifying offence means a class A disqualifying offence or a class B disqualifying offence. (2) The Minister may declare— (a) either of the following to be a class A disqualifying offence or a class B disqualifying offence: (i) a provision of a law of the Commonwealth, another State or a foreign country that corresponds, or substantially corresponds, to a provision of a law mentioned in— (A) for a class A disqualifying offence—schedule 3, part 3.2, column 2; and (B) for a class B disqualifying offence—schedule 3, part 3.3, column 2; Note State includes the Northern Territory (see Legislation Act, dict, pt 1).
(ii) a provision of a law that has been omitted, or omitted and remade with changes; and Note A conviction against an offence under a provision of a law that has been omitted or remade does not include a spent conviction or an extinguished conviction (see Spent Convictions Act 2000, s 16 (c) (i) and s 19H (1) (c) (i)). (b) any condition that must be met for an offence declared under paragraph (a) to be a disqualifying offence. (3) A declaration is a disallowable instrument.