Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
“authorised person” means —
(a) the
chief executive officer of the department of the Public Service principally
assisting the Minister in the administration of the Sentencing Act 1995
;
(b) the
Commissioner; or
(c) the
Director of Public Prosecutions under the Director of Public Prosecutions
Act 1991 ;
“criminal records agency”
means —
(a) the
Commissioner of the Australian Federal Police;
(b) the
Commissioner (however designated) of the police force of another State or a
Territory or another country; or
(c) a
person or body that is —
(i)
established under the law of another State, a Territory
or the Commonwealth; and
(ii)
prescribed by the regulations for the purposes of this
definition.
(2) This section
applies in respect of a person —
(a) who
has a current assessment notice;
(b) who
has applied to the CEO for an assessment notice;
(c) who
has applied to the CEO for a negative notice to be cancelled; or
(d) if
the CEO is given a notice that is to be treated under section 32(1) as an
application by the person for an assessment notice.
(3) The CEO may ask
the Commissioner or a criminal records agency for information or access to the
respective records of the Commissioner or the criminal records
agency —
(a) to
determine whether the person has a criminal record; and
(b) if
the person has a criminal record, to obtain details of the criminal record.
(4) If the person has
a criminal record, the CEO may ask an authorised person or a criminal records
agency for information about the circumstances of a conviction or charge
mentioned in the criminal record.
(5) An authorised
person may comply with a request made by the CEO under this section despite
another Act or law.