Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:35
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 35
Character Range: 4252633–4253662

35  Extended meaning of convicted
 (1) In these Regulations:
convicted has, in addition to its ordinary meaning, the meaning given by subclauses (2), (3) and (4).
 (2) For the purposes of these Regulations, a person is taken to have been convicted of an alleged offence if:
 (a) the person has not been found guilty of the offence but asks for the offence to be taken into account when being sentenced for another offence; or
 (b) the person has been found guilty of the offence but discharged without conviction.
 (3) In addition, a person is taken to have been convicted of a psychoactive substance offence if:
 (a) a law provides for the issue, in relation to the offence, of an expiation notice; and
 (b) such a notice was issued to the person in relation to the offence; and
 (c) the person paid the penalty required by the notice.
 (4) However, a conviction that is spent (within the meaning of Part VIIC of the Crimes Act 1914), or has been quashed, is not taken to be a conviction for the purposes of these Regulations.