South Australian Current Acts

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SPENT CONVICTIONS ACT 2009 - SECT 12

12—Unlawful disclosures—business activities

        (1)         A person is guilty of an offence if—

            (a)         the person, in the course of carrying on a business that includes or involves the provision of information about convictions for offences, discloses information about a spent conviction; and

            (b)         the person knew, or ought reasonably have known, at the time of the disclosure, that the information was about a spent conviction.

Maximum penalty: $10 000.

        (2)         It is a defence to a charge for an offence against subsection (1) to prove—

            (a)         that the disclosure forms part of the ongoing disclosure of the information in materials or in a manner that cannot be reasonably altered to remove information about the spent conviction; and

            (b)         that the disclosure of the information commenced before the conviction became a spent conviction.



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