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What is the effect of committing another offence during a qualification period?

If a person commits another offence during the qualification period for their first offence, the time that has run towards the qualification period for the first offence is cancelled and the date of the second conviction becomes the new relevant day for the first conviction [s 7(2)].

However, if the second offence is a minor offence (an offence where the defendant is discharged without penalty or receives a fine not exceeding $500), the second conviction will not become the new relevant day for the qualification period starting date [see s 7(4) and s 3 for definition of minor offence]. This means that if a person commits a minor offence during their qualification period, the qualification period will not re-start from the date of the second conviction.

For example: 42 year old Taylor was convicted for carrying an offensive weapon on 12 January 2017. They subsequently commit an offence of disorderly conduct and were convicted of this on 12 January 2023. The time that has run so far in their qualification period for the offensive weapon conviction (6 years) is cancelled and the new relevant day for calculating the qualification period for this offence becomes the date of conviction for the second offence, that is, 12 January 2023 (so it will be 10 years from that date, 12 January 2033). If, however, Taylor had committed a minor offence during the qualification period, the period would not be cancelled and the 10 year period would end on 12 January 2027.

What is the effect of committing another offence during a qualification period?  :  Last Revised: Fri Jan 31st 2025
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