New South Wales Consolidated Acts

CRIMINAL RECORDS ACT 1991 - SECT 7

7 Which convictions are capable of becoming spent?

(1) All convictions are capable of becoming spent in accordance with this Act, except the following--

(a) convictions for which a prison sentence of more than 6 months has been imposed,

(b) convictions for sexual offences,

(c) convictions imposed against bodies corporate,

(d) convictions prescribed by the regulations.

(2) A conviction may become spent in accordance with this Act whether it is a conviction for an offence against a law of New South Wales or a conviction for an offence against any other law.

(3) A conviction may become spent in accordance with this Act whether it is a conviction imposed before, on or after the date of commencement of this section.

(4) In this section--

"prison sentence" does not include a sentence the subject of an intensive correction order or the detaining of a person under a control order.

"sexual offences" means the following offences--

(a) the offences under sections 61B-61F, 65A- 66D, 66F, 73, 74, 78A, 78B, 78H, 78I, 78K, 78L, 78N, 78O, 78Q, 79, 80, 91A, 91B and 91D- 91G of the Crimes Act 1900 ,

(b) from the date of commencement of Schedule 1 (3) to the Crimes (Amendment) Act 1989 , the offences under sections 61I-61P of the Crimes Act 1900 ,

(c) from the date of commencement of Schedule 1 (6) to the Crimes (Amendment) Act 1989 , the offence under section 80A of the Crimes Act 1900 ,

(d) the offence under section 5 of the Summary Offences Act 1988 ,

(e) an offence (such as an offence under section 37 (2) or 112 of the Crimes Act 1900 ) which includes the commission of, or an intention to commit, an offence referred to in paragraph (a), (b), (c) or (d),

(f) an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in paragraph (a), (b), (c), (d) or (e),

(g) an offence committed--

(i) before the date of commencement of this section against a law of New South Wales or a law of a place outside New South Wales, or

(ii) after the date of commencement of this section against a law of a place outside New South Wales,

which constituted or constitutes an offence of a similar nature to an offence referred to in paragraph (a), (b), (c), (d), (e) or (f),

(h) an offence prescribed by the regulations as a sexual offence for the purposes of this section.

(5) A reference in this section to a prison sentence means, in the case of an aggregate sentence of imprisonment (within the meaning of the Crimes (Sentencing Procedure) Act 1999 ) imposed in respect of more than 1 offence, each prison sentence that would have been imposed for each offence had separate sentences been imposed instead of an aggregate sentence, as recorded by the court that imposed the sentence.