Queensland Consolidated Acts

CRIMINAL LAW (REHABILITATION OF OFFENDERS) ACT 1986 - SECT 11

11 Revival of convictions

(1) Subject to subsection (2) , where a person who has incurred a conviction—

(a) in relation to which the rehabilitation period is running; or

(b) in relation to which the rehabilitation period has expired;

is again convicted for an offence whether in Queensland or elsewhere—

(c) in the case referred to in provision (a)—the rehabilitation period in relation to that conviction shall commence again to run on the date the offender is again convicted and any part of the rehabilitation period that elapsed between that conviction and that date shall be disregarded; and

(d) in the case referred to in provision (b)—that conviction shall be taken to be revived and the rehabilitation period in relation to that conviction shall commence again to run on the date of the revival of that conviction.

(1A) However, if the subsequent conviction is quashed on appeal, the provisions of paragraph (c) or (d) (whichever is appropriate) shall be deemed to have had no application and the other provisions of this Act shall have application as if the subsequent conviction had not been incurred.

(2) Subsection (1) shall not apply where the offence for which a person is subsequently convicted is a simple offence or a regulatory offence or an offence that if committed in Queensland would be a simple offence or a regulatory offence or an offence in respect of which the offender could be dealt with in summary proceedings unless the court by which the person is subsequently convicted is satisfied that, having regard to the public interest, previous convictions recorded against the person, or any of them, should be revived and pronounces accordingly in its order.

(3) Where a court pronounces in its order that 1 or some only of several convictions recorded against a person are to be revived the provisions of subsection (1) shall apply in respect of that conviction or those convictions.