Document ID: chunk:federal_register_of_legislation:C2025C00034:section:331
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 331
Character Range: 534810–536263

331  Meaning of convicted of an offence
 (1) For the purposes of this Act, a person is taken to be convicted of an offence if:
 (a) the person is convicted, whether summarily or on indictment, of the offence; or
 (b) the person is charged with, and found guilty of, the offence but is discharged without conviction; or
 (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) Such a person is taken to have been convicted of the offence in the following State or Territory:
 (a) if paragraph (1)(a) applies—the State or Territory in which the person was convicted;
 (b) if paragraph (1)(b) applies—the State or Territory in which the person was discharged without conviction;
 (c) if paragraph (1)(c) applies—the State or Territory in which the court took the offence into account in passing sentence on the person for the other offence;
 (d) if paragraph (1)(d) applies—the State or Territory in which the information was laid alleging the person's commission of the offence.
 (3) If paragraph (2)(d) applies to a person:
 (a) the person is taken to have been convicted of the offence before the Supreme Court of that State or Territory; and
 (b) the person is taken to have committed the offence.
 (4) This section does not apply to a *foreign serious offence.