Western Australian Current Acts Western Australian Current Acts (1) Under
section 39(2), a court sentencing an offender is not to make a spent
conviction order unless —
(a) it
considers that the offender is unlikely to commit such an offence again; and
(b)
having regard to —
(i)
the fact that the offence is trivial; or
(ii)
the previous good character of the offender,
it considers the
offender should be relieved immediately of the adverse effect that the
conviction might have on the offender.
(1A) In addition to
subsection (1), under section 39(2), a court sentencing an offender is not to
make a spent conviction order in respect of an offender who is subject to a
PSO unless —
(a) the
offence to which the PSO applies is a simple offence; and
(b) the
court is satisfied that the offender has complied with any programme
requirements imposed as part of the PSO.
(2) A spent conviction
order in respect of a conviction is an order that the conviction is a spent
conviction for the purposes of the Spent Convictions Act 1988 .
(3) The
Spent Convictions Act 1988 , other than Part 2, applies to and in respect of a
conviction in respect of which a spent conviction order has been made.
(4) A spent conviction
order is to be taken as part of the sentence imposed.
(5) A spent conviction
order in respect of a conviction does not affect —
(a) the
right or the duty of a court to —
(i)
disqualify, under a road law as defined in the
Road Traffic (Administration) Act 2008 section 4, the offender from holding
or obtaining a driver’s licence as defined in that section;
(ia)
disqualify, under the Western Australian Marine Act 1982 , the offender from
holding or obtaining a WA marine qualification as defined in section 3(1) of
that Act;
(ii)
make any order under this Act or any other written law on
convicting the offender;
(b) the
operation of any provision of a road law as defined in the Road Traffic
(Administration) Act 2008 section 4, or Part 15, relating to the cancellation
of, or disqualification from holding or obtaining, a driver’s licence as
defined in that section;
(ba) the
operation of any provision in the Western Australian Marine Act 1982 relating
to the cancellation of, or disqualification from holding or obtaining, a WA
marine qualification as defined in section 3(1) of that Act;
(c) the
duty of the offender to comply with the sentence imposed and with any order of
the court in addition to the sentence;
(d) the
revesting or restitution of any property as a result of the conviction;
(e) any
cancellation or disqualification that occurs by operation of any written law;
(f) any
right of appeal against the conviction or the sentence imposed.
(6) A spent conviction
order in respect of a conviction does not prevent —
(a)
proceedings to enforce, or for a variation or contravention of, the sentence;
(b)
subsequent proceedings against the offender for the same offence.
[Section 45 amended: No. 8 of 2012 s. 175; No. 45
of 2016 s. 66; No. 31 of 2023 s. 37(2).]