Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Download] [Help]

CRIMINAL LAW (HISTORICAL HOMOSEXUAL CONVICTIONS EXPUNGEMENT) ACT 2017 - SCHEDULE 1

SCHEDULE 1 – Dictionary


"accepted submission" , for part 4 , see section 32 (2) .

"applicant" , for parts 3 and 4 , for the expungement of a conviction or charge, means the person who applied for the conviction or charge to be expunged.

"approved form" means a form approved under section 44 .

"charge" does not include a charge of an offence that resulted in a conviction.

"confidential information" includes information about a person’s affairs but does not include—

(a) information already publicly disclosed unless further disclosure of the information is prohibited by law; or
(b) statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.

"conviction" means a finding of guilt, or the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded.

"court registrar" means—
(a) the person holding appointment as the principal registrar of Magistrates Courts under the Magistrates Courts Act 1921 , section 3A (2) ; or
(b) the person holding appointment as the principal registrar under the District Court of Queensland Act 1967 , section 36 (1) ; or
(c) the person holding appointment as the principal registrar under the Supreme Court of Queensland Act 1991 , section 69 (1) .

"Criminal Code male homosexual offence" see section 9 .

"criminal record holder" means—
(a) the commissioner of the police service; or
(b) a court registrar; or
(c) the director of public prosecutions; or
(d) the chief executive of the department in which the Corrective Services Act 2006 is administered.

"eligible offence" see section 8 .

"eligible person" see section 7 .

"expunged charge"
(a) means—
(i) a charge expunged by the chief executive under this Act; or
(ii) a charge of an offence that resulted in a conviction that is an expunged conviction; but
(b) does not include a charge that, under section 34 , is no longer expunged.

"expunged conviction"
(a) means a conviction expunged by the chief executive under this Act; but
(b) does not include a conviction that, under section 34 , is no longer expunged.

"expungement application" means an application made to the chief executive under section 11 .

"homosexual activity" includes an activity that before 19 January 1991 may have been regarded as an activity of a homosexual nature.
Example—
a person wearing gender nonconforming clothing

"notice" means written notice.

"public authority" , for part 3 , division 2 , see section 25 .

"public morality offence" see section 10 .

"public place" means a place to which the public are permitted to have access, whether on payment of a charge for admission or not.

"public record" see section 25 .

"QCAT information notice" means a notice complying with the QCAT Act , section 157 (2) .

"show cause notice" , for part 4 , see section 32 (1) .



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback