South Australian Current Acts

SPENT CONVICTIONS ACT 2009 - SECT 4

4—Meaning of spent conviction

        (1)         For the purposes of this Act, the conviction of a person for an offence is "spent" if—

            (a)         the conviction is spent under Part 2; or

            (b)         the conviction is quashed; or

            (c)         the person is granted a pardon for the offence.

        (1a)         In addition, if—

            (a)         a finding is treated as a conviction under section 3(5); but

            (b)         —

                  (i)         in the case of a finding referred to in section 3(5)(a) and (b)—no conviction is recorded against the person; or

                  (ii)         in the case of a finding referred to in section 3(5)(c)—the defendant is released unconditionally,

then the finding, as constituting a conviction for the purposes of this Act, will be taken to be immediately spent.

        (2)         This section applies subject to the operation of section 6.