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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38268
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hello, My name is XXXXX XXXXX I am in NSW. I have got a question

Resolved Question:

Hello, My name is XXXXX XXXXX I am in NSW. I have got a question re the criminal law. I was charged last year, but my matter discharged without conviction, subject to a Good Behaviour Bond for a period of 12 months from Jan 2013 to Jan 2014 (According to Commenwealth criminal law)

I am planning to go overseas next week and will be back in two weeks. My question is:On the Incoming Passeger Card issued at the Australia airport, it asks: " Do you have any criminal conviction/s ? " . As my matter discharged without conviction, can I tick "no" ? Thank you.
Submitted: 10 months ago.
Category: Australia Law
Expert:  Leon replied 10 months ago.
Good Afternoon

Thank you for your question, I am a sydney based lawyer and will do my best to assist you with your question.

Are you an Australian citizen? I just returned on Sunday and when I completed the incoming card I do not recall a question about criminal convictions.

Is this a passenger card for a foreign country and which country are you going to?

Customer: replied 10 months ago.


Hi, I am holding a Chinese passport and I am a permanent resident of Australia. The Incoming Passeger Card is issued at the Australia airport for all non-Australia citizen, it asks: " Do you have any criminal conviction/s ? " . I am wondering if I can tick "no" even I am still in a bond? Thank you for your help. (my matter discharged without conviction, subject to a Good Behaviour Bond for a period of 12 months from Jan 2013 to Jan 2014 (According to section 19B(1)(d) of the Crimes Act 1914(Commenwealth).


 

Expert:  Leon replied 10 months ago.
Good Afternoon,

The Section you have been dealt with under means that you have not been convicted. As such you are able to tick no.

The reason for the bond is to make sure that you take the benefits of my conviction seriously and if you don't and you break the law into full months then the court has the right to deal with this matter again and record a conviction taking away the benefit of the section.

Until January 2014 there is no conviction recorded and once the 12 month period expires then you are 100% certain you will not have a conviction against your name visible to 3rd parties except for the courts and the police.

The courts and the police will see that you were given the benefit of a section 19B and they will not give you the same chance again.

So the simple response to your question is you can tick no on the card.

Is there anything else I can assist you with?
Customer: replied 10 months ago.

Thank you very much for your prompt reply.


 


Do you mean that I am able to tick "no" to the question : Do you have any criminal conviction? even the bond is still active now?


 


What does the good behaviour bond exactly mean? If I have fines on speeding (within 10km/h), would it be considered as a breach?


 


If I finish the bond and no conviction is proceeded, will it have any impact on my permanent residency visa and my application for Australia citizenship?


 


Thank you

Expert:  Leon replied 10 months ago.
Good Afternoon,

Yes that is exactly what I mean.

You do not have a criminal conviction. Whilst the bond is active and you comply with the Bond there is no conviction.

If you commit a criminal offence then the court has the right to relook at the initial charge that you are on good behaviour bond with.

Speeding fines are usually not criminal offences but traffic offences. But to be on the safe side you should comply with all laws with a criminal or traffic so as not to appear back in court.

If you are caught drink-driving this is a criminal offence and a traffic offence and the court can say you have breached the good behaviour bond.

Your permanent residency is not affected by having a conviction may have an impact on you being able to obtain citizenship.

So you are best to do nothing wrong and comply with the laws to avoid any problems.

Is there anything else I can assist you with?
Customer: replied 10 months ago.


Thank yo very much for your reply.


 


If I want to travel to other country next year, for example America. The incoming card / visa form at US airport is asking whether you have been charged/finding of guilt before? If I have finished my bond and no conviction is recorded, can I still say no?


 


I am planning to apply for an accounting job in NSW government / Commenwealth government next year, I know that a criminal history check is a must, I am wondering what will be showing on the criminal check if no conviction is recorded after the bond?


 


Thank you

Customer: replied 10 months ago.

Hello, are you still with me? Thank you.

Customer: replied 10 months ago.

I am sorry, are you still there? Thank you.

Expert:  Leon replied 10 months ago.
Good Afternoon

Travelling to America is different. The question they ask is whether you have been charged or convicted.

In your case you have not been convicted but you were charged with a criminal offence.

You will not be eligible to use the Visa waiver program and you will need to apply for a visa before you leave Australia and have approved.

Depending on the charge, if it was relating to stealing from an employer or a government department it will have an impact on your employment if they ask you to disclose any charges.

If they do not ask you about charges that only convictions it will not show up.

Does all of that make sense?

I'm about to finish work and I will be back within an hour.
Customer: replied 10 months ago.

Thank you very much for your help. You have provided an excellent service.

Expert:  Leon replied 10 months ago.
Good Evening

You are very welcome and thank you for using my services.

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback


Customer: replied 10 months ago.

EXCELLENT SERVICE


 


how do I make a payment?

Expert:  Leon replied 10 months ago.
You just click on the smiley face and then I am paid.


Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38268
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Leon and 2 other Australia Law Specialists are ready to help you

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