Western Australian Current Acts

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PARLIAMENTARY COMMISSIONER ACT 1971 - SECT 19H

19H .         Reportable conviction

        (1)         A reportable conviction is a conviction, whether before, on or after commencement day, for an offence under a law of this State, another State, a Territory or the Commonwealth that is an offence referred to in section 19G(1)(a) or (d).

        (2)         For the purposes of subsection (1), a conviction for an offence committed by a person is a reference to any of the following —

            (a)         a court making a formal finding of guilt in relation to the offence;

            (b)         if there has been no formal finding of guilt before conviction — a court convicting the person of the offence;

            (c)         a court accepting a plea of guilty from the person in relation to the offence;

            (d)         a court acquitting the person following a finding under The Criminal Code section 27 that the person is not guilty of the offence on account of mental impairment or an acquittal following an equivalent finding under a law of another State, a Territory or the Commonwealth;

            (e)         a finding under the Criminal Law (Mental Impairment) Act 2023 section 41(2)(c) or an equivalent finding under a law of another State, a Territory or the Commonwealth.

        (3)         For the purposes of subsection (1), a reference to a conviction includes a reference to a conviction that is a spent conviction.

        (4)         For the purposes of subsection (3), an offence becomes spent if, under a law of this State, another State, a Territory or the Commonwealth, the person concerned is permitted not to disclose the fact that the person was convicted or found guilty of the offence.

        (5)         For the purposes of subsection (1), a reference to a conviction does not include a reference to a conviction that is subsequently quashed or set aside by a court.

        [Section 19H inserted: No. 25 of 2022 s. 7; amended: No. 10 of 2023 s. 392 and 412.]



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