Australian Capital Territory Current Acts

CRIMES (CHILD SEX OFFENDERS) ACT 2005 - SECT 7

    (1)     For this Act, a reference to a finding of guilt (however expressed) in relation to 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)     a court accepting a plea of guilty from the person in relation to the offence;

        (c)     an offence taken into account by a court under the Crimes (Sentencing) Act 2005

, part 4.4 (Taking additional offences into account) in making a sentence-related order in relation to a principal offence, or an admission (however described) being accepted in relation to the offence under a corresponding provision of a foreign law;

        (d)     an order (however described) being made in relation to the offence under—

              (i)     the Crimes (Sentencing) Act 2005

, section 17 (Non-conviction orders—general); or

              (ii)     a provision of a foreign law corresponding to a provision mentioned in subparagraph (i);

        (e)     a finding (however expressed) under the Crimes Act 1900

, division 13.3 or the Criminal Code

, section 28 (7) of not guilty because of mental impairment, or a finding under a corresponding provision of a foreign law.

    (2)     For this Act, a reference to a "finding of guilt" (however expressed) in relation to an offence does not include a reference to—

        (a)     a finding of guilt mentioned in subsection (1) (c) if—

              (i)     the offence was taken into account by a court under the Crimes (Sentencing) Act 2005

, part 4.4 (Taking additional offences into account) in making a sentence-related order in relation to a principal offence; and

              (ii)     the decision to take the offence into account is subsequently quashed or set aside by a court; or

        (b)     a finding of guilt mentioned in subsection (1) (c) if—

              (i)     an admission (however described) was accepted in relation to the offence under a corresponding provision of a foreign law; and

              (ii)     the decision to accept the admission is subsequently quashed or set aside by a court; or

        (c)     in any other case—a finding of guilt that is subsequently quashed or set aside by a court.

    (3)     For this section, a reference to "taking into account" an offence includes the taking into account of the offence under the Crimes Act 1900

, section 357 (repealed).