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Hi Everyone

Question 39 of the 40SP, "Have you ever: In addition to any crime or offence disclosed in response to Question 37, been convicted of a crime or offence in any country (including any conviction which is now removed from official
records)?"

If one was to to have appeared in a QLD court and have 'no conviction recorded', by law is this required to be disclosed in response to this Question? Under the Penalties and Sentences Act 1992 (QLD), s12, subsection 3;
(a) a conviction without recording the conviction is to be taken not to be a conviction for any purpose,
(b) the conviction must not be entered into any records, except i) the records of the court before which the offender was convicted; and ii) in the offenders criminal history but only for the purpose of subsection (4)(b) (which refers to having the same result as a if a conviction had been recorded in regards to further sentencing and second offence).

Again, is disclosure required? It is not a recorded conviction or a spent offence. Any advice would appreciated. Thanks :)
 
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