Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 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.


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