Commonwealth Consolidated Acts

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CRIMES (SUPERANNUATION BENEFITS) ACT 1989 - SECT 6

Conviction and quashing of conviction

  (1)   For the purposes of this Act, a person is to be taken to be convicted of an offence if:

  (a)   the person is convicted of the offence, whether summarily or on indictment; or

  (b)   the person absconds in connection with the offence.

  (2)   For the purposes of this Act, a person is to be taken to have been convicted of an offence in a particular State or Territory if:

  (a)   where paragraph   ( 1)(a) applies--the person was convicted of the offence in a court in that State or Territory; or

  (b)   where paragraph   ( 1)(b) applies--the information relating to the offence was laid in that State or Territory.

  (3)   For the purposes of this Act, where a person is to be taken to have been convicted of an offence in a particular State or Territory because of paragraph   ( 2)(b), the person is to be taken to have been so convicted before the Supreme Court of that State or Territory.

  (4)   For the purposes of this Act, a person's conviction of an offence is to be taken to be quashed:

  (a)   where paragraph   ( 1)(a) applies--if the conviction is quashed or set aside; or

  (b)   where paragraph   ( 1)(b) applies--if, after the person is brought before a court in respect of the offence, the person is discharged in respect of the offence or a conviction of the person for the offence is quashed or set aside.

  (5)   A reference in this Act, in relation to a person's conviction of an offence, to the commission of the offence is, where paragraph   ( 1)(b) applies, a reference to the alleged commission of the offence by the person.



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