New South Wales Consolidated Acts

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CRIMINAL RECORDS ACT 1991


- As at 20 November 2024 
- Act 8 of 1991 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of this Act
   4.      Definitions
   5.      Findings and orders treated as convictions for the purposes of this Act
   6.      Construction of certain provisions of this Act

   PART 2 - SPENT CONVICTIONS

   7.      Which convictions are capable of becoming spent?
   8.      When is a conviction spent?
   9.      What is the crime-free period for convictions of courts (other than the Children's Court)?
   10.     What is the crime-free period for orders of the Children's Court?
   11.     How are traffic offences to be dealt with?

   PART 3 - CONSEQUENCES OF A CONVICTION BECOMING SPENT

           Division 1 - General

   12.     What are the consequences of a conviction becoming spent?
   13.     Unlawful disclosure of information concerning spent convictions
   14.     Improper obtaining of information concerning spent convictions

           Division 2 - Exclusions

   15.     Employment in certain occupations
   16.     Proceedings before courts
   17.     Civic office

   PART 4 - QUASHED CONVICTIONS AND PARDONS

   18.     When is a conviction taken to be quashed?
   19.     What are the consequences of a conviction being quashed or of a pardon?

   PART 4A - EXTINGUISHING CONVICTIONS FOR HISTORICAL HOMOSEXUAL OFFENCES

   19A.    Definitions
   19B.    Application to have eligible homosexual offence convictions extinguished
   19C.    Eligible homosexual offence convictions may be extinguished
   19D.    Persons and bodies to provide information to Secretary
   19E.    Administrative review by Civil and Administrative Tribunal of decision of Secretary relating to conviction
   19F.    What are the consequences of a conviction becoming an extinguished conviction?
   19G.    Unlawful disclosure of information concerning extinguished convictions
   19H.    Improper obtaining of information concerning extinguished convictions
   19I.    Conviction may cease being an extinguished conviction

   PART 5 - MISCELLANEOUS

   20.     Act binds the Crown
   21.     Act does not authorise contravention of other laws
   22.     Act does not affect certain other lawful acts
   23.     Destruction of records
   24.     Proceedings for offences
   25.     Regulations


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