Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) In this Act:
"conditional pardon" means an extension of the prerogative of mercy referred to in section 432 of the Criminal Code upon a condition referred to in that section.
"court" means:
(a) the Local Court; or
(b) the Youth Justice Court continued in existence by section 45 of the Youth Justice Act 2005 ; or
(d) the Supreme Court,
and includes a court of the Commonwealth, a State or another Territory of the Commonwealth having similar jurisdiction.
"corresponding law" or "corresponding provision", in relation to an Act or a provision of or under an Act of the Territory, means an Act or provision of or under an Act in force in a State or another Territory of the Commonwealth that corresponds as nearly as practicable to the Act or provision of or under the Act of the Territory.
"criminal record" means a record of:
(a) a conviction;
(b) a finding that an offence is proved (and any order in relation to the finding) without the court proceeding to conviction;
(c) a conviction and the making of an order under section 5 of the Criminal Law (Conditional Release of Offenders) Act 1971 ;
(d) a finding or order made under Part 6 of the Youth Justice Act 2005 ;
(e) a quashed conviction;
(f) a pardon, including a conditional pardon;
(g) a charge in respect of which a finding or order referred to in paragraphs (a) to (f), inclusive, is made by a court;
(h) action taken in respect of a breach of custodial correctional facility discipline committed during a period of imprisonment; or
(j) disciplinary action taken while a youth offender is in a detention centre,
and includes such a record of a conviction, finding, order, quashed conviction, pardon, charge or action in a State or another Territory of the Commonwealth.
"detention centre" means a youth detention centre approved under section 147 of the Youth Justice Act 2005 and includes a detention centre, however described, under a corresponding law.
"equivalent offence" means an offence against the relevant corresponding provision.
"imprisonment":
(a) includes a period during which a person is subject to any of the following:
(i) an intensive community correction order with a home detention condition made under the Sentencing Act 1995 ;
(ii) a home detention order made under the Sentencing Act 1995 as in force before the commencement of Part 2 of the Sentencing and Other Legislation Amendment Act 2022 ;
(iii) a home detention order made under Part IVA of the Criminal Law (Conditional Release of Offenders) Act 1971 as in force before the commencement of section 129 of the Sentencing Act 1995 ; but
(b) does not include the following:
(i) detention in a detention centre;
(ii) a sentence of periodic imprisonment referred to in section 83(1)(k) of the Youth Justice Act 2005 ;
(iii) a sentence imposed because of the failure to pay a penalty.
"law enforcement agency" means:
(a) the Police Force of the Northern Territory, the Australian Federal Police, or the police force of a State or another Territory of the Commonwealth; or
(b) the Australian Crime Commission; or
(e) the Attorney-General for the Territory, the Commonwealth or for a State or another Territory of the Commonwealth; or
(f) persons employed in the Agency primarily responsible for law and the administration of justice, or a similar Department of the Commonwealth, a State or another Territory of the Commonwealth, or employed in a body administered by such a Department, being persons whose primary function is the institution or conduct of proceedings for offences; or
(g) the Office of the Director of Public Prosecutions for the Commonwealth or the Territory, or a similar body established under a law of a State or another Territory of the Commonwealth; or
(h) the Director of Public Prosecutions for the Commonwealth or the Territory, or a person performing a similar function appointed under a law of a State or another Territory of the Commonwealth; or
(j) a Crown Prosecutor; or
(k) a person who, under a law of the Commonwealth, the Territory or a State or another Territory of the Commonwealth, is permitted to practice as a legal practitioner, however described, to the extent to which he or she is engaged by or on behalf of the Crown to prosecute an offence; or
(l) the ICAC; or
(m) a person performing functions and exercising powers on behalf of an agency, authority, department or statutory body referred to in this definition; or
(n) a prescribed person or body.
"non-traffic offence" means an offence other than a traffic offence.
"offence" means an offence against a law in force in the Territory, the Commonwealth or a State or another Territory of the Commonwealth.
"pardon" means an extension of the prerogative of mercy referred to in section 431 of the Criminal Code, not being a conditional pardon.
"public authority" means a local government council or public authority constituted by or under an Act of the Territory, the Commonwealth or a State or another Territory of the Commonwealth, a government department or a statutory body or agency representing the Crown in any of its capacities, and includes a law enforcement agency and a person performing functions and exercising powers on behalf of the council, authority, department, statutory body or agency.
"quashed conviction" means:
(a) a conviction;
(b) a finding that an offence has been proved, without proceeding to conviction; or
(c) an order,
that, in accordance with subsection (2), shall be taken to have been quashed.
"sexual offence" means:
(a) an offence against Part V, Division 2 or section 201, 208H, 208HA, 208HB or 208HC or Part VIA, Divisions 3 to 7 of the Criminal Code; or
(b) an offence against Part V, Division 2 or section 188(2)(k), 192 or 192B of the Criminal Code, as in force before the commencement of Part 2 of the Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 ; or
(c) an offence prescribed as a sexual offence for the purposes of this section; or
(d) an offence of:
(i) counselling or procuring; or
(ii) aiding or abetting the commission of; or
(iii) incitement or conspiring to commit; or
(iv) attempting to commit; or
(v) being an accessory after the fact to,
an offence referred to in this definition or an equivalent offence.
"spent conviction" means a criminal record which is spent in accordance with Part 2.
"spent record" means:
(a) a spent conviction;
(b) a criminal record in respect of:
(i) a quashed conviction; or
(ii) an offence in respect of which an unconditional pardon has been given;
(c) a charge not proceeded with; or
(d) a charge that has been withdrawn.
"traffic offence" means an offence against the Traffic Act 1987 or the Traffic Regulations 1999 , or an offence prescribed for this definition.
"violent offence" means an offence involving the use or threat of violence against another person.
Note for subsection (1)
The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.
(2) For the purposes of this Act:
(a) a conviction shall be taken to be quashed if it is quashed or set aside;
(b) a finding that an offence has been proved, without proceeding to a conviction, shall be taken to be quashed if it is quashed or set aside (except where it is set aside in order to impose a penalty);
(c) a finding that an offence has been proved, (and any order in relation to the finding) without the court proceeding to a conviction, shall be taken to be quashed if the finding is quashed or set aside;
(d) a conviction and the making of an order under section 5 of the Criminal Law (Conditional Release of Offenders) Act 1971 shall be taken to be quashed if the conviction is set aside; and
(e) an order under Part 6 of the Youth Justice Act 2005 shall be taken to be quashed if it is quashed or set aside.
(3) In this Act, unless the contrary intention appears, a reference to an Act or a provision of or under an Act of the Territory includes a reference to a corresponding law or corresponding provision, as the case may be.