South Australian Current Acts

SPENT CONVICTIONS ACT 2009 - SECT 7

7—Determination of qualification period

        (1)         Subject to this Act, the "qualification period" for the conviction of a person for an offence is—

            (a)         in the case of an eligible juvenile offence, other than where the person was dealt with as an adult—5 consecutive years; or

            (b)         in any other case—10 consecutive years,

from the relevant day for the conviction for the offence.

        (2)         If during the qualification period for a conviction (the "first conviction") the person is convicted of another offence (the "second conviction ), the time that has run as part of the qualification period for the first conviction is cancelled and the relevant day for the second conviction becomes a new relevant day for the first conviction (and a conviction for a third offence within the period that then applies will have a corresponding effect on the first and second convictions, and so on for any subsequent conviction or convictions).

        (3)         In addition—

            (a)         if at the end of a period that applies under subsection (1) or (2) the person is a registrable offender under the Child Sex Offenders Registration Act 2006 who is subject to reporting obligations imposed by Part 3 of that Act, the qualification period is extended so as to expire when or if those reporting obligations cease or are suspended under that Part; and

            (b)         if during the period of extension that applies under paragraph (a) the person is convicted of another offence, the conviction has the same effect on any previous conviction that is subject to the period of extension that a second or subsequent conviction has on a previous conviction or convictions under subsection (2).

        (4)         For the purposes of subsections (2) and (3)(b), a conviction for a second or subsequent offence will be disregarded if—

            (a)         the offence is a minor offence (including in a case where the conviction with respect to the minor offence is constituted by a finding under section 3(5)); or

            (b)         the conviction is quashed; or

            (c)         the convicted person is granted a pardon.

        (5)         A period under a preceding subsection may commence before the commencement of this Act and, in such a case, the qualification period will be completed—

            (a)         on the commencement of this Act; or

            (b)         on the day on which the qualification period would have been completed if this Act had been in force continuously since the day of the relevant conviction,

whichever is the later.

        (6)         For the purposes of this section—

            (a)         the "relevant day" for the conviction for an offence is the day on which the person is convicted; and

            (b)         a reference to a conviction for an offence does not extend to a conviction for an offence against a law of another jurisdiction (including the laws of an overseas jurisdiction), other than a recognised jurisdiction, that has no correspondence to an offence against a law of this jurisdiction.