Victorian Numbered Acts

SPENT CONVICTIONS ACT 2021 (NO. 13 OF 2021) - SECT 3

In this Act—

"child", in relation to a person convicted of an offence, means a person who was under the age of 18 years at the time of the commission of the offence;

conviction has the meaning given by section 5;

conviction period has the meaning given by section 9 ;

"criminal record", in relation to a person, means a document produced by a law enforcement agency that sets out all convictions of the person;

"detention" means detention in a youth justice centre or a youth residential centre;

"foreign law" means a law of a country other than Australia;

"infringement conviction" means an infringement notice that has taken effect as a conviction of the offence specified in the notice;

"interstate law "means a law of another State or a Territory or the Commonwealth;

"law enforcement agency" means—

        (a)     Victoria Police; or

        (b)     the police force or police service of another State or a Territory; or

        (c)     the Australian Federal Police; or

        (d)     the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 of the Commonwealth; or

        (e)     the Commissioner employed under section 8A of the Corrections Act 1986 ; or

        (f)     the Director, Fines Victoria employed in accordance with section 4 of the Fines Reform Act 2014 ; or

        (g)     a commission established under an interstate law with the function of investigating matters relating to criminal activity generally or of a specified class or classes; or

        (h)     the Chief Examiner and Examiners appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004 ; or

              (i)     the Independent Broad-based Anti-corruption Commission established under section 12 of the Independent Broad - based Anti - corruption Commission Act 2011 ; or

        (j)     the sheriff within the meaning of the Sheriff Act 2009 ; or

        (k)     the Victorian Inspectorate established under section 8 of the Victorian Inspectorate Act 2011 ; or

        (l)     the Adult Parole Board established under section 61 of the Corrections Act 1986 ; or

        (m)     the Post Sentence Authority continued in existence under section 290 of the Serious Offenders Act 2018 ; or

        (n)     the Youth Parole Board within the meaning of the Children, Youth and Families Act 2005 ; or

        (o)     the Roads Corporation within the meaning of the Transport Integration Act 2010 ; or

        (p)     the Secretary to the Department of Justice and Community Safety; or

        (q)     the Secretary to the Department of Transport; or

        (r)     an agency responsible for the performance of functions or activities directed to any law enforcement function;

        (s)     an agency responsible for the execution or implementation of an order or decision made by a court or tribunal; or

        (t)     an agency that provides correctional services, including a contractor within the meaning of the Corrections Act 1986 , or a subcontractor of that contractor, but only in relation to a function or duty or the exercise of a power conferred by or under that Act; or

        (u)     an agency responsible for the protection of the public revenue under a law administered by the agency;

"law enforcement function "means—

        (a)     the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction for a breach; or

        (b)     the management of property seized or restrained under laws relating to the confiscation of the proceeds of crime or the enforcement of such laws, or of orders made under such laws; or

        (c)     the execution or implementation of an order or decision made by a court or tribunal;

"serious conviction" means—

        (a)     a conviction for which a term of imprisonment or detention of more than 30 months is imposed; or

        (b)     a conviction of a person for a sexual offence; or

        (c)     a conviction of a person for a serious violence offence;

sexual offence has the meaning given by section 4 of the Criminal Procedure Act 2009 ;

"serious violence offence" has the same meaning as in the Serious Offenders Act 2018 ;

"spent conviction" means—

        (a)     a conviction that has become spent due to the operation of Part 2; or

        (b)     a conviction under an interstate law that is spent by operation of a law of the State or Territory or the Commonwealth under the law of which the conviction is imposed;

"spent conviction order "means an order under section 19(1) ;

"Victoria Police "has the same meaning as in the Victoria Police Act 2013 ;

"young offender", in relation to a person who has been convicted of an offence and sentenced, means a person who is under the age of 21 years at the time of sentencing;

"youth justice centre" has the same meaning as in the Children, Youth and Families Act 2005 ;

"youth residential centre" has the same meaning as in the Children, Youth and Families Act 2005 .