Tasmanian Consolidated Acts

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CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 5

Meaning of "convicted", &c.
(1)  For the purposes of this Act, a person is taken to have been convicted of an offence if –
(a) the person has been charged with and found guilty and convicted of the offence; or
(b) the person has been charged with and found guilty of the offence but the court hearing the charge has not proceeded to conviction; or
(c) the offence has been taken into account by a court in sentencing the person for another offence; or
(d) the person has absconded in connection with the offence.
(2)  For the purposes of this Act, a person's conviction is taken to have been quashed if –
(a) in the case of a person who is taken to have been convicted of the offence by reason of subsection (1) (a) – the conviction has been quashed or set aside; or
(b) in the case of a person who is taken to have been convicted of the offence by reason of subsection (1) (b) – the finding of guilt has been quashed or set aside; or
(c) in the case of a person who is taken to have been convicted of the offence by reason of subsection (1) (c) – either of the following events has occurred:
(i) the person's conviction of the other offence referred to in that subsection has been quashed or set aside;
(ii) the decision of the court to take the offence into account in passing sentence for that other offence has been quashed or set aside; or
(d) in the case of a person who is taken to have been convicted of the offence by reason of subsection (1) (d) – the person, after being brought before a court in respect of the offence, has been discharged in respect of the offence or a conviction of the person for the offence has been quashed or set aside.
(3)  A reference in this Act in relation to a person's conviction of an offence to the commission of the offence is, if the person is taken to have been convicted of the offence by reason of subsection (1) (d) , to be taken to be reference to the alleged commission of the offence by that person.



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