Australian Capital Territory
Spent Convictions Act 2000    
A2000-48
Republication No 17
Effective:  8 November 2012 – 4 December 2014
Republication date: 8 November 2012
Last amendment made byA2011‑52
(republication for amendments by A2011-45)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Spent Convictions Act 2000 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 8 November 2012.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 8 November 2012.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Spent Convictions Act 2000

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	3	Overview of Act	2
	4	Dictionary	2
	5	Notes	3
	6	Meaning of conviction	3
	7	Meaning of spent conviction	3
	8	Meaning of quash	4
	9	Act applies to convictions for offences against non-ACT laws	4
	10	Act applies to existing convictions	4
Part 2	Spent convictions
	11	Which convictions can become spent?	5
	12	When is a conviction spent?	5
	13	What is the crime-free period?	7
	14	How are traffic offences to be dealt with?	7
	15	Spent convictions generally not revived	9
Part 3	Consequences of a conviction becoming spent
	16	What are the consequences of a conviction becoming spent?	11
	17	Unlawful disclosure of a conviction becoming spent	11
	18	Improperly obtaining information about spent convictions	12
	19	Exclusions	12
Part 4	Miscellaneous
	20	Act does not authorise contravention of other laws	15
	21	Act does not affect certain other lawful acts	15
	22	Act does not authorise destruction of records	15
	23	Regulation-making power	15
Dictionary		17
Endnotes
	1	About the endnotes	21
	2	Abbreviation key	21
	3	Legislation history	22
	4	Amendment history	25
	5	Earlier republications	27

Australian Capital Territory
Spent Convictions Act 2000

An Act to limit the effect of a person’s conviction for certain offences if the person completes a period of crime-free behaviour, to make provision about quashed convictions and pardons, and for other purposes

    

Part 1	Preliminary
    
1	Name of Act
This Act is the Spent Convictions Act 2000.
3	Overview of Act
	(1)	This Act provides a scheme to limit the effect of a person’s conviction for certain offences if the person completes a period of crime-free behaviour.
	(2)	Under the scheme, after completion of a period of crime-free behaviour, a conviction to which the scheme applies is regarded as spent and, subject to certain exceptions, does not form part of the person’s criminal history and may only be used for certain purposes.
Note	See the Discrimination Act 1991, s 7 (1) (o) for discrimination on the ground of spent conviction.
	(3)	This Act also deals with the effect of the quashing of a conviction and the pardoning of an offence.
4	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
	For example, the signpost definition ‘conviction—see section 6.’ means that the term ‘conviction’ is defined in that section and the definition applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
5	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.
6	Meaning of conviction
For this Act, a person is convicted of an offence if—
	(a)	the person is convicted of the offence, whether summarily or on indictment; or
	(b)	the person is charged with the offence and a court finds the person guilty of the offence.
Examples for par (b)
1	the court makes an order under the Crimes (Sentencing) Act 2005, s 17 (Non‑conviction orders—general)
2	the court makes an order under the Children and Young People Act 1999, s 98 (Disposition without proceeding to conviction)
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
7	Meaning of spent conviction
	(1)	For this Act, the conviction of a person for an offence is spent if—
	(a)	the conviction is spent under section 12 (When is a conviction spent?); or
	(b)	the conviction is quashed; or
	(c)	the person is granted a pardon for the offence.
	(2)	In this Act, a reference to a conviction that is spent includes a reference to the charge to which the spent conviction related.
8	Meaning of quash
For this Act, a person’s conviction for an offence is quashed if—
	(a)	the conviction is quashed or set aside; or
	(b)	the finding that the charge was proved is quashed or set aside (except to impose a penalty for the offence).
9	Act applies to convictions for offences against non-ACT laws
	(1)	This Act applies to convictions for Commonwealth offences, State offences and foreign offences as well as convictions for ACT offences.
	(2)	This Act applies to convictions imposed for Commonwealth offences, State offences and foreign offences with the changes necessary to enable its provisions to apply to those offences in a way that corresponds as closely as possible to the way it applies to ACT offences.
Note	The Crimes Act 1914 (Cwlth), pt VIIC deals with spent convictions.  In particular, s 85ZV (1) of that Act provides, among other things, that a person is not required, in a State or Territory, to disclose to any person, for any purpose, the fact that the person has been charged with, or convicted of, a Commonwealth offence if the person’s conviction for the offence is spent under that Act.  (Division 6 of that part provides exclusions.)  The subsection is expressed to apply despite, among other things, any state or territory law.  Under the Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 28 a provision of a Territory enactment has no effect to the extent to which it is inconsistent with a Commonwealth law in force in the Territory.
10	Act applies to existing convictions
This Act applies in relation to a person convicted of an offence whether the person is convicted before or after the commencement of this Act.

Part 2	Spent convictions
    
11	Which convictions can become spent?
	(1)	Any conviction (other than a conviction mentioned in subsection (2)) can become spent.
	(2)	The following convictions cannot become spent convictions:
	(a)	a conviction for which a sentence of imprisonment of longer than 6 months has been imposed;
	(b)	a conviction for a sexual offence;
	(c)	a conviction of a corporation;
	(d)	a conviction prescribed under the regulations.
	(3)	In this section:
sentence of imprisonment—
	(a)	includes a period of a sentence of imprisonment to be served by periodic detention under the Crimes (Sentence Administration) Act 2005; but 
	(b)	does not include the detention of a person under a control order.
12	When is a conviction spent?
	(1)	A conviction is spent on completion of the relevant crime-free period, unless it is earlier spent under this section.
	(2)	If a charge for an offence is dismissed under either of the following provisions, the finding of guilt for the offence (however described) is spent on the dismissal of the charge:
	(a)	the Crimes (Sentencing) Act 2005, section 17 (Non-conviction orders—general);
	(b)	the Children and Young People Act 1999, section 98 (Disposition without proceeding to conviction).
Note	An order under the Crimes Act 1900, s 402 (Conditional release of offenders without proceeding to conviction) (repealed) is taken to be a non-conviction order that is a good behaviour order under the Crimes (Sentencing) Act 2005 (see Crimes (Sentence Administration) Act 2005, s 336).
	(3)	If an order under the Crimes (Sentencing) Act 2005, section 17 (Non-conviction orders—general) is a good behaviour order subject to a condition, the order is spent only when the condition is completely satisfied.
	(4)	An order reprimanding a person under the Children and Young People Act 1999, section 96 (1) (or 98 (2) (b)) or the Children’s Services Act 1986, section 47 (1) (or 48 (k)) is spent on the making of the order.
	(5)	A conditional discharge order, order for the payment of reparation or compensation, or attendance centre order, under the Children and Young People Act 1999, section 96 (1) (or 98 (2) (b)) or the Children’s Services Act 1986, section 47 (1) (or 48 (k)) is spent on satisfactory compliance with the order.
	(6)	A probation order under the Children and Young People Act 1999, section 96 (1) (or 98 (2) (b)) or the Children’s Services Act 1986, section 47 (1) (or 48 (k)) is spent at the end of the period for which the order is in force.
	(7)	A conviction for an offence of a kind that has ceased, by operation of law, to be an offence is spent when the offence ceased to be an offence, if the offence is prescribed under the regulations to be an offence to which this subsection applies.
13	What is the crime-free period?
	(1)	In this section:
relevant period, in relation to the conviction of a person for an offence, means—
	(a)	if the person was not dealt with as an adult in relation to the conviction—5 consecutive years; or
	(b)	in any other case—10 consecutive years.
	(2)	The crime-free period for a person for an offence is the relevant period during which the person has not been—
	(a)	subject to a control order; or
	(b)	convicted of an offence punishable by imprisonment; or
	(c)	in prison because of a conviction for an offence; or
	(d)	unlawfully at large in relation to an offence.
Note 	Under s 14, convictions for traffic offences are considered separately from non-traffic offences in defining the crime-free period.
14	How are traffic offences to be dealt with?
	(1)	In this section:
drive—see the Road Transport (Safety and Traffic Management) Act 1999, dictionary.
driver trainer––see the Road Transport (Alcohol and Drugs) Act 1977, dictionary.
motor vehicle—see the Road Transport (Safety and Traffic Management) Act 1999, dictionary.
non-traffic offence means any offence except a traffic offence.
road transport legislation—see the Road Transport (General) Act 1999, section 6.
traffic offence means any offence arising out of the use of a motor vehicle, and includes any offence against the road transport legislation.
trailer—see the Road Transport (Safety and Traffic Management) Act 1999, dictionary.
use a motor vehicle or trailer includes drive, stop or park the motor vehicle or trailer.
	(2)	A conviction for a traffic offence, and any period of imprisonment imposed because of such a conviction, are disregarded in calculating the crime-free period for a conviction for a non-traffic offence. 
Note 	A conviction for a traffic offence is relevant only in calculating the crime-free period for a conviction for an earlier traffic offence.
	(3)	A conviction for a non-traffic offence, and any period of imprisonment imposed because of such a conviction, are disregarded in calculating the crime-free period for a conviction for a traffic offence. 
Note	A conviction for a non-traffic offence is relevant only in calculating the crime-free period for an earlier non-traffic offence.
	(4)	However, a conviction for any of the following offences is relevant in calculating the crime-free period for any conviction (whether for a traffic offence or a non-traffic offence):
	(a)	an offence against the Crimes Act 1900, section 29 (Culpable driving);
	(b)	any other offence against the Crimes Act 1900 where a necessary fact to constitute the offence is that someone dies or is injured because of, or as a result of, the way the convicted person drove a motor vehicle;
	(c)	an offence against the Road Transport (Alcohol and Drugs) Act 1977, part 3 (which is about drivers and driver trainers having the prescribed concentration of alcohol in blood or breath, driving or driver training with a prescribed drug in oral fluid or blood, refusing to provide a breath sample, oral fluid, blood test for analysis, failing to stay for a drug screening test and driving or driver training under the influence of intoxicating liquor);
	(d)	an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 6 (1) (which is about negligent driving) that occasions death or grievous bodily harm (within the meaning of that subsection);
	(e)	an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 7 (1) (which is about furious, reckless and dangerous driving);
	(f)	an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 8 (1) or (2) (which are about menacing driving);
	(g)	an offence prescribed under the regulations for this subsection.
15	Spent convictions generally not revived
	(1)	A conviction of a person for an offence (the first offence) that is spent is not revived by the subsequent conviction of the person for another offence (the later offence).
	(2)	However, if the later offence was committed during the crime-free period for the first offence and—
	(a)	the person is convicted summarily of the later offence by an ACT court—the court may order that this part ceases to apply to the person in relation to the first offence until the crime-free period for the later offence has ended; or
	(b)	the person is convicted on indictment of the later offence by an ACT court—this part automatically ceases to apply to the person in relation to the first offence until the crime-free period for the later offence has ended; or
	(c)	the person is convicted of the later offence by a court of the Commonwealth, a State or Territory or a foreign country—this part automatically ceases to apply to the person in relation to the first offence until the crime-free period for the later offence has ended.
	(3)	While this part does not apply to the person in relation to the first offence, the conviction of the person for the first offence is not a spent conviction.

Part 3	Consequences of a conviction becoming spent
    
16	What are the consequences of a conviction becoming spent?
If a conviction of a person is spent—
	(a)	the person is not required to disclose information about the spent conviction to anyone; and
	(b)	a question about the person’s criminal history is taken not to refer to the spent conviction, but to refer only to any of the person’s convictions that are not spent; and
	(c)	in applying an Act to the person—
	(i)	a reference to a conviction (however expressed) is taken not to refer to the spent conviction, but to refer only to any of the person’s convictions that are not spent; and
	(ii)	a reference to the person’s character (however expressed) does not allow or require anyone to take the spent conviction into account.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104).
17	Unlawful disclosure of a conviction becoming spent
	(1)	A person who has access to records of convictions kept by or on behalf of a public authority must not, without lawful authority, disclose any information about a spent conviction.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)	It is not an offence for an archive or library (or an authorised officer or employee of an archive or library) to make available to a member of the public, or to another archive or library, in accordance with the normal procedures of the archive or library, material that is normally available for public use and that contains information about a spent conviction.
	(3)	It is not an offence for a law enforcement agency (or an authorised officer or employee of a law enforcement agency) in the exercise of its functions (or of the functions of the authorised officer or employee) to make information about a spent conviction available to another law enforcement agency or to a court.
18	Improperly obtaining information about spent convictions
A person must not fraudulently or dishonestly obtain information about a spent conviction from records of convictions kept by or on behalf of a public authority.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
19	Exclusions
	(1)	Section 16 does not apply in relation to an application by a person—
	(a)	for an appointment or employment as a judge, magistrate, justice of the peace, police officer, prison officer, teacher, teacher’s aide, childcare provider, aged care provider or provider of care for people with a disability, or childcare worker, aged care worker or worker with people with a disability; or
	(b)	to be appointed, employed or otherwise engaged (whether or not for financial reward) in any other capacity—
	(i)	in relation to the care, instruction or supervision of children, older people or people with a disability; or
	(ii)	at a school, child-care centre, hospital, community care facility, residential care facility, or any other place where care, instruction, supervision or any other services are provided (or proposed to be provided) for children, older people or people with a disability; or
	(iii)	by an entity that provides care, instruction, supervision or any other services for children, older people or people with a disability; or
	(iv)	as a casino employee under the Casino Control Act 2006; or
	(c)	for an interactive gambling licence under the Interactive Gambling Act 1998; or
	(d)	to be permitted to provide care, instruction, supervision or any other services for children, older people or people with a disability; or
	(e)	for registration under the Working with Vulnerable People (Background Checking) Act 2011. 
	(2)	Section 16 does not apply in relation to an application by a person convicted of arson or attempted arson to be appointed, employed or otherwise engaged (whether or not for financial reward) in any other capacity in fire fighting or fire prevention.
	(3)	Section 16 does not apply in relation to a proceeding before a court (including the giving of evidence) or the making of a decision by a court (including a decision about sentencing).
	(4)	However, a court before which evidence of a spent conviction is admitted must, in appropriate circumstances, take the steps reasonably available to it to prevent or minimise publication of the evidence.
	(5)	Section 16 does not apply in relation to the making of a decision under the Firearms Act 1996 about a person’s suitability.
	(6)	Section 16 does not apply in relation to the making of a decision under the Casino Control Act 2006 about whether a person is an eligible person for that Act.
	(7)	Section 16 does not apply in relation to the making of an application for, or for the renewal of, a licence or approval under the Race and Sports Bookmaking Act 2001.
	(8)	Section 16 does not apply to a notice or police report under the Prostitution Act 1992, part 2 (Registration).
	(9)	Section 16 does not apply to a conviction that is spent under section 12 (When is a conviction spent?) in relation to—
	(a)	the making of an application for a licence under the Security Industry Act 2003; and
	(b)	the giving of a police certificate under that Act;
	(c)	the making of a decision about issuing a licence under that Act.
	(10)	Section 16 does not apply in relation to an application for, or the renewal of, a registration or permit to teach under the ACT Teacher Quality Institute Act 2010.
	(11)	This Act does not affect any of the following provisions:
	(a)	the Crimes Act 1900, section 291 (Evidence of previous conviction charged in indictment);
	(b)	the Evidence Act 2011, part 3.5 (Evidence of judgments and convictions) and part 3.8 (Character).

Part 4	Miscellaneous
    
20	Act does not authorise contravention of other laws
This Act does not authorise a person to disclose a conviction or to take a conviction into account if to do so would contravene any other law.
21	Act does not affect certain other lawful acts
This Act does not affect anything lawfully done before a conviction is spent or quashed or a pardon is granted.
22	Act does not authorise destruction of records
This Act does not authorise the destruction by or on behalf of a public authority of a record relating to a spent conviction, quashed conviction or pardon.
23	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note 	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
	(2)	The regulations may provide that this Act or a prescribed provision of this Act does not affect a prescribed Act or a prescribed provision of an Act.
	(3)	The regulations may provide that a provision of this Act does not apply—
	(a)	in relation to a conviction, finding or order of a particular kind, or a charge relating to such a conviction, finding or order; or
	(b)	in relation to a class of persons; or
	(c)	in relation to particular circumstances.
	(4)	A regulation made for section 11 (2) (d), the definition of sexual offence in the dictionary, or this section, may provide that, despite this Act, a conviction is taken never to have been spent or never to be capable of becoming spent.

Dictionary
(see s 4)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	administrative unit
·	CrimTrac
·	entity
·	exercise
·	function
·	law, of the Territory
·	penalty unit (see s 133)
·	State
·	Territory authority 
·	the Territory.
ACT offence means an offence against a Territory law.
another Territory means a Territory other than this Territory or the Northern Territory.
Commonwealth law means—
	(a)	a Commonwealth Act other than—
	(i)	the Australian Capital Territory (Self-Government) Act 1988 (Cwlth); or
	(ii)	the Northern Territory (Self-Government) Act 1978 (Cwlth); or
	(b)	an instrument made under a Commonwealth Act (other than a Commonwealth Act mentioned in paragraph (a) (i) or (ii)); or
	(c)	any other legislation that applies as a Commonwealth law (other than legislation so far as it is applied by a Commonwealth Act mentioned in paragraph (a) (i) or (ii)), to the extent that it operates as a Commonwealth law;
and includes a law in force in a Territory other than the Northern Territory or this Territory.
Commonwealth offence means an offence against a Commonwealth law.
control order means an order made under—
	(a)	the Children and Young People Act 1999, section 96 (1) (k) or (l); or
	(b)	the Children’s Services Act 1986, section 47 (1) (j) or (k).
conviction—see section 6.
court includes a tribunal. 
crime-free period—see section 13.
foreign law means a law of a foreign country.
foreign offence means an offence against a foreign law.
law enforcement agency means any of the following:
	(a)	the Australian Federal Police;
	(b)	the police service or force of a State, another Territory or a foreign country;
	(c)	the Australian Customs Service;
	(d)	the Australian Crime Commission;
	(e)	CrimTrac;
	(f)	the New South Wales Independent Commission Against Corruption or a similar entity established under the law of another State;
	(g)	the New South Wales Crime Commission or a similar entity established under the law of another State;
	(h)	the Attorney-General for the Territory, the Commonwealth, a State or another Territory;
	(i)	people employed in a government department of the Commonwealth, a State or another Territory and whose primary functions are the beginning or conduct of proceedings for offences;
	(j)	the Office of the Director of Public Prosecutions or a similar entity established under a Commonwealth or State law;
	(k)	the director of public prosecutions, or a person performing a similar function under a Commonwealth or State law;
	(l)	a lawyer to the extent that the lawyer is engaged under a Commonwealth or State law to prosecute offences;
	(m)	prison officers;
	(n)	an entity prescribed under the regulations.
prison officer includes a person employed in an entity responsible under the law of the Territory, or of the Commonwealth, a State or a foreign country, for providing correctional services for offenders.
public authority means an administrative unit or Territory authority, and includes a person exercising functions for the Territory, an administrative unit or Territory authority.
quash—see section 8.
sexual offence means the following offences:
	(a)	an offence against the Crimes Act 1900, part 3 (Sexual Offences) or part 3B (Female Genital Mutilation);
	(b)	an offence (such as an offence against the Crimes Act 1900, section 27 (Acts endangering life etc) or the Criminal Code, section 311 (Burglary)) that includes the commission of, or an intention to commit, an offence mentioned in paragraph (a) or (d);
	(c)	an offence of attempting, or of conspiracy or incitement, to commit an offence mentioned in paragraph (a), (b) or (d);
	(d)	an offence (including a Commonwealth offence, State offence or foreign offence) prescribed under the regulations;
	(e)	an ACT offence committed before the date of commencement of this definition of a similar nature to an offence mentioned in paragraphs (a) to (d);
and includes any Commonwealth offence, State offence or foreign offence that is similar in nature to an ACT offence mentioned in paragraph (a), (b), (c) or (e) or is prescribed under the regulations.
spent, for a conviction—see section 7.
State law means a law in force in a State (other than a Commonwealth law).
Note	State includes the Northern Territory (see Legislation Act 2001, dict, pt 1).

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	

3	Legislation history
Spent Convictions Act 2000 A2000‑48
notified 28 September 2000 (Gaz 2000 No 39)
s 1, s 2 commenced 28 September 2000 (IA s 10B)
remainder commenced 28 March 2001 (IA s 10E)
as amended by 
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 366
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 366 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Race and Sports Bookmaking Act 2001 A2001-49 sch 2 pt 4
notified 12 July 2001 (Gaz 2001 No 28)
s 1, s 2 commenced 12 July 2001 (IA s 10B)
sch 2 pt 4 commenced 7 September 2001 (Gaz 2001 No S68)
Prostitution Amendment Act 2002 A2002-35 s 26, s 27
notified LR 8 October 2002
s 1, s 2 commenced 8 October 2002 (LA s 75 (1)) 
s 26, s 27 commenced 16 December 2002 (s 2 and CN2002-15) 
Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.25
notified LR 5 December 2003
s 1, s 2 commenced 5 December 2003 (LA s 75 (1))
sch 3 pt 3.25 commenced 19 December 2003 (s 2)
Australian Crime Commission (ACT) Act 2003 A2003-58 sch 1 pt 1.3
notified LR 17 December 2003
s 1, s 2 commenced 17 December 2003 (LA s 75 (1))
sch 1 pt 1.3 commenced 17 June 2004 (s 2 and LA s 79)
Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 2 pt 2.5
notified LR 26 October 2005
s 1, s 2 commenced 26 October 2005 (LA s 75 (1))
sch 2 pt 2.5 commenced 23 November 2005 (s 2)
Casino Control Act 2006 A2006-2 sch 1 pt 1.5
notified LR 22 February 2006
s 1, s 2 commenced 22 February 2006 (LA s 75 (1))
sch 1 pt 1.5 commenced 1 May 2006 (s 2 and CN2006-6)
Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.33
notified LR 18 May 2006
s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
sch 1 pt 1.33 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)
Firearms Amendment Act 2008 A2008-25 sch 2 pt 2.5
notified LR 15 July 2008
s 1, s 2 commenced 15 July 2008 (LA s 75 (1))
sch 2 pt 2.5 commenced 15 January 2009 (s 2 (1) and LA s 79)
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.53
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.53 commenced 26 August 2008 (s 2)
Road Transport (Alcohol and Drugs) Legislation Amendment Act 2010 A2010-47 pt 1.3
notified LR 25 November 2010
s 1, s 2 commenced 25 November 2010 (LA s 75 (1))
pt 1.3 commenced 1 December 2010 (s 2 (2) and see Road Transport (Alcohol and Drugs) (Random Drug Testing) Amendment Act 2010 A2010-27, s 2 and CN2010-15)
Road Transport (Alcohol and Drugs) Legislation Amendment Act 2011 A2011-15 pt 7
notified LR 12 May 2011
s 1, s 2 commenced 12 May 2011 (LA s 75 (1))
pt 7 commenced 13 May 2011 (s 2)
ACT Teacher Quality Institute Amendment Act 2011 A2011-34 s 21
notified LR 5 September 2011
s 1, s 2 commenced 5 September 2011 (LA s 75 (1))
s 21 commenced 4 October 2011 (s 2 and CN2011-10)
Security Industry Amendment Act 2011 A2011-37 pt 4
notified LR 27 September 2011
s 1, s 2 commenced 27 September 2011 (LA s 75 (1))
pt 4 commenced 27 September 2012 (s 2 (2))
Working with Vulnerable People (Consequential Amendments) Act 2011 A2011-45 sch 1 pt 1.4
notified LR 8 November 2011
s 1, s 2 commenced 8 November 2011 (LA s 75 (1))
sch 1 pt 1.4 commenced 8 November 2012 (s 2 and see Working with Vulnerable People (Background Checking) Act 2011 A2011-44 s 2 (2))
Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1 pt 1.35
notified LR 22 November 2011
s 1, s 2 commenced 22 November 2011 (LA s 75 (1))
sch 1 pt 1.35 commenced 1 March 2012 (s 2 (1) and see Evidence Act 2011 A2011‑12, s 2 and CN2012-4)
Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.50
notified LR 28 November 2011
s 1, s 2 commenced 28 November 2011 (LA s 75 (1))
sch 3 pt 3.50 commenced 12 December 2011 (s 2)

4	Amendment history
Commencement
s 2	om A2001‑44 amdt 1.3907
Overview of Act
s 3	am A2003‑56 amdt 3.230
Dictionary
s 4	sub A2003‑56 amdt 3.231
Meaning of conviction
s 6	am A2003‑56 amdt 3.232; A2006‑23 amdt 1.282, amdt 1.283
Meaning of spent conviction
s 7	am A2006‑23 amdt 1.284
Which convictions can become spent?
s 11	am A2006‑23 amdt 1.285, amdt 1.286
When is a conviction spent?
s 12	am A2003‑56 amdt 3.233, amdt 3.234; A2006‑23 amdt 1.287, amdt 1.288; ss renum R8 LA (see A2006‑23 amdt 1.289)
What is a crime-free period?
s 13	am A2003‑56 amdt 3.230
How are traffic offences to be dealt with?
s 14	am A2010‑47 amdt 1.6; A2011‑15 ss 88-91
What are the consequences of a conviction becoming spent?
s 16	am A2001‑44 amdt 1.3908, amdt 1.3909
Exclusions
s 19	am A2001‑49 amdt 2.28, amdt 2.29; A2002‑35 s 26; ss renum R3 LA (see A2002‑35 s 27); A2006‑2 amdt 1.18, amdt 1.19; A2008‑28 amdt 3.162; A2008‑25 amdt 2.10; A2011‑34 s 21; ss renum R13 LA; A2011‑48 amdt 1.52; A2011‑37 s 34; pars renum R16 LA; A2011‑45 amdt 1.26
Regulation-making power
s 23	am A2001‑44 amdt 1.3910
Amendment of Discrimination Act 
pt 5 hdg	om R1 LRA
Grounds 
s 24	om R1 LRA
Dictionary
dict	am A2003‑56 amdt 3.236; A2011‑52 amdt 3.188
	def ACT offence am A2003‑56 amdt 3.237
	def casino om A2003‑56 amdt 3.238
	def correctional agency om A2003‑56 amdt 3.239
	def function om A2003‑56 amdt 3.240
	def law enforcement agency am A2003‑56 amdt 3.241, amdt 3.242; A2003‑58 amdt 1.3; pars renum R5 LA (see A2003‑58 amdt 1.4); A2011‑52 amdt 3.189
	def prison officer sub A2003‑56 amdt 3.243
	def public authority am A2003‑56 amdt 3.244
	def sexual offence am A2005‑53 amdt 2.26

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	not amended	1 July 2001	
2	A2001‑49	12 September 2001	
3	A2002‑35	16 December 2002	
4	A2003‑58	19 December 2003	
5	A2003‑58	17 June 2004	
6	A2005‑53	23 November 2005	
7	A2006‑2	1 May 2006	
8	A2006‑23	2 June 2006	
9	A2008‑28	26 August 2008	
10	A2008‑28	15 January 2009	
11	A2010‑47	1 December 2010	
12	A2011‑15	13 May 2011	
13	A2011‑34	4 October 2011	
14	A2011‑52	12 December 2011	
15	A2011‑52	1 March 2012	
16	A2011‑52	27 September 2012	

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