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CHILD PROTECTION ACT 1999 - SECT 142E
Obtaining interstate criminal history information about particular persons
142E Obtaining interstate criminal history information about particular
persons
(1) The chief executive may ask an interstate commissioner for a written
statement briefly describing the circumstances of— (a) each
interstate conviction of a relevant person; or
(b) each interstate charge
made against a relevant person.
(2) The chief executive and the
interstate commissioner may enter into a written arrangement by which
information mentioned in subsection (1) is transferred.
(3) Without limiting
subsection (2) , the arrangement— (a) may provide for the electronic
transfer of information, including, for example, on a daily basis; and
(b) if
the arrangement provides for the electronic transfer of information—must
provide for the following— (i) limitations under this Act on who may access
the information;
(ii) limitations under this Act on the purposes for which
the information may be used. Note— See also section 142F (2) .
(4) In
this section—
"interstate charge" , made against a person, means a charge against the person
for an offence alleged to have been committed by the person against a law of
another State or the Commonwealth.
"interstate commissioner" means the commissioner of a police force or service
of another State or the Commonwealth.
"interstate conviction" , of a person, means a conviction for an offence
committed by the person against a law of another State or the Commonwealth,
including an interstate spent conviction of the person.
"interstate rehabilitation law" means a law applying, or that applied, in
another State or the Commonwealth, that provides or provided for the same
matter as the Criminal Law (Rehabilitation of Offenders) Act 1986 .
"interstate spent conviction" , of a person, means an interstate conviction of
the person that the person is not required to disclose under an
interstate rehabilitation law because— (a) a rehabilitation period
prescribed for the conviction under the interstate rehabilitation law has
expired; and
(b) the conviction has not been revived under the
interstate rehabilitation law.
"relevant person" means any of the following persons— (a) an applicant for a
certificate of approval who has, or to whom the chief executive proposes to
issue, a provisional certificate;
(b) an adult member of the household of a
person mentioned in paragraph (a) .
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