Queensland Consolidated Acts

CRIMINAL LAW (REHABILITATION OF OFFENDERS) ACT 1986 - SECT 3

3 Interpretation

(1) In this Act—

"approved form" means a form approved under section 14 .

"charge" means an allegation formally made in court that a person has committed an offence where—

(a) the allegation is not pursued to a final determination in a court; or

(b) a conviction is not recorded by a court in respect of the allegation; or

(c) a conviction recorded by a court in respect of the allegation is to be deemed, pursuant to law, not to be a conviction.

"conviction" means a conviction by or before any court for an offence, whether recorded, in Queensland or elsewhere, before or after the date of commencement of this Act.

"criminal history" means, in relation to any person, the convictions recorded against that person in respect of offences.

"indictment" , for this subsection, definition
"rehabilitation period" , paragraph (a) , for a conviction recorded elsewhere than in Queensland, means a written charge preferred against an accused person before a court other than a court of like jurisdiction to a Magistrates Court exercising summary jurisdiction.

"Minister" ...

"offence" means an act or omission that renders the person doing the act or making the omission liable to punishment.

"person" , in relation to an offender whose rehabilitation is sought by this Act, does not include an incorporated person.

"rehabilitation period" means—

(a) in relation to a conviction upon indictment recorded against a person who in relation to that conviction was not dealt with as a child—

(i) a period of 10 years commencing on the date the conviction is recorded; or

(ii) where an order of a court made in relation to the conviction has not been satisfied within that period of 10 years—a period terminating on the date the order is satisfied;

whichever period is the later to expire; or

(b) in relation to a conviction recorded against a person where paragraph (a) does not apply—

(i) a period of 5 years commencing on the date the conviction is recorded; or

(ii) where an order of a court made in relation to the conviction has not been satisfied within that period of 5 years—a period terminating on the date the order is satisfied;

whichever period is the later to expire.

"revived" means, in relation to a conviction, revived as prescribed by section 11 .

"simple offence" means—

(a) an offence committed in Queensland other than a crime, misdemeanour or regulatory offence; and

(b) an offence committed elsewhere than in Queensland that, if committed in Queensland, would be an offence other than a crime, misdemeanour or regulatory offence.

"term of imprisonment" see the Penalties and Sentences Act 1992 , section 4 .

(2) A rehabilitation period applies in relation to a conviction of a person for an offence only if—

(a) no term of imprisonment is imposed on the person for the conviction; or

(b) a term of imprisonment of not more than 30 months is imposed on the person for the conviction.

(2A) To remove any doubt, it is declared that, for subsection (2) (b) , it is irrelevant whether or not the person is ordered to be imprisoned for any of the term of imprisonment imposed.

(3) A provision of law or rule of legal practice that requires or authorises disclosure of convictions or charges made against any person shall be construed as requiring or authorising disclosure of the criminal history of that person.