Document ID: chunk:federal_register_of_legislation:C2024C00431:section:36c:p2
Version: federal_register_of_legislation:C2024C00431
Segment Type: section
Provision Reference: s 36C (pt 2/3)
Character Range: 107752–110399

that it demonstrates that the person has repudiated their allegiance to Australia.
 (5) In deciding whether the court is satisfied of the matter referred to in paragraph (4)(c) in relation to the person's conduct, the court must have regard to the following matters:
 (a) whether the conduct to which the conviction or convictions relate demonstrates a repudiation of the values, democratic beliefs, rights and liberties that underpin Australian society;
 (b) the degree, duration or scale of the person's commitment to, or involvement in, the conduct to which the conviction or convictions relate;
 (c) the intended scale of the conduct to which the conviction or convictions relate;
 (d) the actual impact of the conduct to which the conviction or convictions relate;
 (e) whether the conduct to which the conviction or convictions relate caused, or was intended to cause, harm to human life or a loss of human life.
 (6) In deciding whether to make an order under subsection (1) in relation to the person, the court must have regard to the following matters:
 (a) if the person is a child aged under 18—the best interests of the child;
 (b) if the person has any dependent children in Australia—the best interests of those children;
 (c) the person's connection to the other country of which the person is a national or citizen and the availability of the rights of citizenship of that country to the person.
 (7) Subsection (6) does not limit the matters to which the court may have regard in deciding whether to make an order under subsection (1) in relation to the person.

Concurrent sentences
 (8) If:
 (a) a person has been convicted of 2 or more serious offences; and
 (b) a court has decided to impose on the person, in respect of the conviction or convictions, 2 or more periods of imprisonment to be served concurrently (whether in whole or in part);
then, for the purposes of subsection (1), the whole of each period is to be counted in working out the total of those periods.
Example: A person is convicted of 2 serious offences and a court has decided to impose on the person in respect of the convictions 2 periods of 2 years imprisonment to be served concurrently. For the purposes of subsection (1), the total period of imprisonment is 4 years.

References to period of imprisonment
 (9) For the purposes of subsection (1):
 (a) a reference to a period of imprisonment in that subsection does not include a period of imprisonment that is suspended; and
 (b) a reference to a period of imprisonment in that subsection includes a reference to a single sentence of imprisonment that a court has decided to impose in respect of both