Northern Territory Consolidated Acts

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EXPUNGEMENT OF HISTORICAL HOMOSEXUAL OFFENCE RECORDS ACT 2018 - SECT 23

Restoring records

    (1)     The holder of a record of a charge or conviction that was expunged who receives notice from the Chief Executive Officer under section 22(6)(b) that the expungement is revoked must, as soon as practicable:

        (a)     take all reasonable steps to change the record to show that the charge or conviction is no longer expunged; and

        (b)     remove from the record the warning previously included under section 19(1)(b); and

        (c)     remove from the record any prescribed statement or information previously included under section 19(1)(c).

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



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