Crimes Act 1914

PART VIIC - PARDONS, QUASHED CONVICTIONS AND SPENT CONVICTIONS  

Division 1 - Interpretation and application of Part  

SECTION 85ZP   APPLICATION OF PART  

85ZP(1)    
This Part applies in relation to a person convicted of an offence whether the person was convicted before or after the commencement of this Part.

85ZP(2)    
A reference in this Part to a person convicted of an offence does not include a reference to a body corporate.

85ZP(3)    
Nothing in this Part authorises a person or body to disclose or take into account a conviction of an offence if to do so would contravene any Commonwealth law, State law, Territory law or foreign law.

Note:

There are exceptions in sections   85ZZJC (use and disclosure of spent conviction etc. information by ASIO, ACC and other intelligence or security agencies) and 85ZZL (criminal proceedings before the Federal Court of Australia).

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History

S 85ZP(3) amended by No 1 of 2026, s 3 and Sch 2 item 32, by substituting the note, applicable in relation to the use or disclosure of information on or after 22 January 2026, whether the information was obtained before, on or after 22 January 2026. The note formerly read:

Note:

An exception is a disclosure to th Federal Court of Australia for the purposes of indictable primary proceedings, criminal appeal proceedings or related matters (see section 85ZZL).

S 85ZP(3) amended by No 106 of 2009, s 3 and Sch 1 item 23, effective 4 December 2009.

85ZP(4)    
Nothing in this Part affects anything lawfully done before a pardon is granted or a conviction is quashed or spent.

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