Australian Capital Territory Current Acts

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SPENT CONVICTIONS ACT 2000 - SECT 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 1     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).

Note 2     If a form is approved under s 22A for an application, the form must be used.

    (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.



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