Northern Territory Consolidated Acts

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EXPUNGEMENT OF HISTORICAL HOMOSEXUAL OFFENCE RECORDS ACT 2018 - SECT 22

Revoking a determination to expunge

    (1)     The Chief Executive Officer may revoke a determination to expunge a charge or conviction, if satisfied that the determination was made because of false or misleading information or documents in the application.

    (2)     If the Chief Executive Officer proposes to revoke a determination to expunge a charge or conviction, the Chief Executive Officer must give the applicant written notice of the proposed revocation.

    (3)     The notice of the proposed revocation must include:

        (a)     the reasons for the proposed revocation; and

        (b)     copies of all information and documents that the Chief Executive Officer is relying on to support the proposed revocation; and

        (c)     a statement explaining the applicant's right to object to the proposed revocation and to give submissions, information and documents in support of the objection within 28 days of receiving the notice; and

        (d)     a statement explaining the applicant's right to have any revocation reviewed by the Civil and Administrative Tribunal.

    (4)     Within 28 days of receiving the notice mentioned in subsection (2), the applicant may give further submissions, information and documents to respond to the proposed revocation.

    (5)     Before making a decision to revoke a determination to expunge a charge or conviction, the Chief Executive Officer must consider any submissions, information and documents given by the applicant.

    (6)     The Chief Executive Officer must, as soon as practicable, give written notice of the decision on revocation to:

        (a)     the applicant; and

        (b)     the holder of any record of the charge or conviction.

    (7)     The decision takes effect on the day the notice is given to the applicant.

    (8)     The notice must include the reasons for the decision.



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