Document ID: chunk:federal_register_of_legislation:C2025C00132:section:16ba:p3
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 16BA (pt 3/3)
Character Range: 836905–838019

the court.
 (10) An offence taken into account under this section shall not, by reason of its so being taken into account, be regarded for any purpose as an offence of which a person has been convicted.
 (11) In or in relation to any criminal proceeding, reference may lawfully be made to, or evidence may lawfully be given of, the fact that an offence was taken into account under this section in passing sentence for an offence for which a person was convicted if, in or in relation to that proceeding:
 (a) reference may lawfully be made to, or evidence may lawfully be given of, the fact that the person was convicted of the last‑mentioned offence; and
 (b) had the person been convicted of the offence so taken into account, reference could lawfully have been made to, or evidence could lawfully have been given of, the fact that the person had been convicted of that offence.
 (12) The fact that an offence was taken into account under this section may be proved in the same manner as the conviction or any of the convictions, as the case may be, in relation to which it was taken into account may be proved.