Document ID: chunk:federal_register_of_legislation:C2018C00169:section:5:p1
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 5 (pt 1/2)
Character Range: 25205–27676

5  Meaning of conviction etc. of offence
 (1) For the purposes of this Act, a person shall be taken to be convicted of an offence if:
 (a) the person is convicted, whether summarily or on indictment, of the offence;
 (b) the person is charged with, and found guilty of, the offence but is discharged without conviction;
 (c) a court, with the consent of the person, takes the offence, of which the person has not been found guilty, into account in passing sentence on the person for another offence; or
 (d) the person absconds in connection with the offence.
 (2) For the purposes of this Act, a person's conviction of an offence shall be taken to be quashed:
 (a) where the person is to be taken to have been convicted of the offence by reason of paragraph (1)(a)—if the conviction is quashed or set aside;
 (b) where the person is to be taken to have been convicted of the offence by reason of paragraph (1)(b)—if the finding of guilt is quashed or set aside;
 (c) where the person is to be taken to have been convicted of the offence by reason of paragraph (1)(c)—if 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) where the person is to be taken to have been convicted of the offence by reason of paragraph (1)(d)—if, 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.
 (3) For the purposes of this Act, a person shall be taken to have been convicted of an offence in a particular State or Territory if:
 (a) where the person is to be taken to have been convicted of the offence by reason of paragraph (1)(a)—the person was convicted of the offence in a court in that State or Territory;
 (b) where the person is to be taken to have been convicted of the offence by reason of paragraph (1)(b)—the person was discharged without conviction by a court in that State or Territory;
 (c) where the person is to be taken to have been convicted of the offence by reason of paragraph (1)(c)—the offence was taken into account by a court in that State or Territory in passing sentence on the person for the other offence referred to in that paragraph; or
 (d) where the person is to be taken to have