Western Australian Current Acts Western Australian Current Acts (1) For the purposes
of this Act, a person is taken to have been convicted of a confiscation
offence if —
(a) the
person has been convicted of the confiscation offence, whether or not —
(i)
a spent conviction order is made under section 39 of the
Sentencing Act 1995 in respect of the conviction; or
(ii)
the conviction was deemed not to be a conviction by
section 20 of the Offenders Community Corrections Act 1963 1 ;
or
(b) the
person has been charged with and found guilty of a confiscation offence, but
is discharged without conviction; or
(c) the
confiscation offence was taken into account by a court in sentencing the
person for another confiscation offence; or
(d) the
person was charged with a confiscation offence but absconded before the charge
is finally determined.
(2) For the purposes
of this Act, a person’s conviction is taken to have been quashed —
(a) if
the person is taken under subsection (1)(a) to have been convicted — if
the conviction is quashed or set aside; or
(b) if
the person is taken under subsection (1)(b) to have been convicted — if
the finding of guilt is quashed or set aside; or
(c) if
the person is taken under subsection (1)(c) to have been convicted — if
the decision of the court to take the confiscation offence into account is
quashed or set aside; or
(d) if
the person is taken under subsection (1)(d) to have been convicted — if
the person is brought before a court to answer the charge, and the person is
discharged in respect of the confiscation offence.