Northern Territory Consolidated Acts

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EXPUNGEMENT OF HISTORICAL HOMOSEXUAL OFFENCE RECORDS ACT 2018 - SECT 19

Expunging records

    (1)     The holder of a record of a charge or conviction who receives notice from the Chief Executive Officer under section 17(3)(b) that the charge or conviction is expunged must, as soon as practicable:

        (a)     take all reasonable steps to change the record to show that the charge or conviction is expunged; and

        (b)     include a warning in the record that it is an offence to disclose a charge or conviction that is expunged; and

        (c)     include in the record any statement or information prescribed by regulation.

    (2)     The holder of the record must, within 28 days of receiving the notice, advise the Chief Executive Officer, in writing, of:

        (a)     the date of compliance with subsection (1); or

        (b)     the extent to which and reasons why the holder of the record was unable to comply with subsection (1).

    (3)     If the Chief Executive Officer receives advice under subsection (2)(b), the Chief Executive Officer may give the holder of the record written directions on what further steps the holder is required to take to comply with subsection (1).

    (4)     The holder of the record is taken to have complied with subsection (1) if the holder has done all that is reasonably practicable to comply with that subsection, including following any directions given by the Chief Executive Officer under subsection (3).

    (5)     The Chief Executive Officer must give the applicant written notice of:

        (a)     the date of compliance with subsection (1); or

        (b)     the date for which compliance is to be taken and the extent to which and reasons why, if any, the holder of the record was unable to fully comply with subsection (1).

    (6)     A decision to expunge a charge or conviction from records does not authorise the destruction of any information or document.



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