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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Is a conditional discharge a conviction?

Customer Question

Is a conditional discharge a conviction or not for the purposes of visa/migration application to Australia to fulfil the pre-requisite of being a person of good character as per Australian Law The Migration Act 1958 Section 501 Section 6 (c) (Character test) - [a persons past and present criminal and general conduct].

Therefore does one's admission of guilt of an offence and a subsequent conditional discharge qualify as criminal conduct? Since there is no conviction as per Powers of Criminal Courts (Sentencing) Act 2000 Pt II Section 14 subsection 1 says Subject to subsection (2) below, a conviction of an offence for which an order is made under section 12 above discharging the offender absolutely or conditionally shall be deemed not to be a conviction for any purpose other than the purposes of the proceedings in which the order is made and of any subsequent proceedings which may be taken against the offender under section 13 above.

Submitted: 2 years ago.
Category: Australia Law

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