South Australian Numbered Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 (NO 19 OF 2005) - SECT 8

8—Meaning of quashing a conviction

For the purposes of this Act, a person’s conviction of an offence is taken to be "quashed" if—

            (a)         if the person is taken to have been convicted of the offence because of section 5(1)(a)—the conviction is quashed or set aside; or

            (b)         if the person is taken to have been convicted of the offence because of section 5(1)(b)—the finding of guilt is quashed or set aside; or

            (c)         if the person is taken to have been convicted of the offence because of section 5(1)(c)—either of the following events occur:

                  (i)         the person’s conviction of the other offence referred to in that paragraph is quashed or set aside;

                  (ii)         the decision of the court to take the offence into account in passing sentence for that other offence is quashed or set aside; or

            (d)         if the person is taken to have been convicted of the offence because of section 5(1)(d)—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; or

            (e)         if the person is taken to have been convicted of the offence because of section 5(1)(e) or 5(1)(f)—the finding that the objective elements of the serious offence have been established is set aside or reversed.