Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:11:p20
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 11 (pt 20/30)
Character Range: 160369–163089

5 years before the date of the application for approval of the sponsorship; and
 (b) the spouse or de facto partner has not been charged with a registrable offence since the sponsor completed that sentence; and
 (c) there are compelling circumstances affecting the sponsor or the applicant.
 (10) Despite subregulation (8), the Minister may decide to approve the sponsorship if:
 (a) the spouse or de facto partner completed the sentence imposed for the registrable offence (including any period of release under recognisance, parole, or licence) more than 5 years before the date of the application for approval of the sponsorship; and
 (b) if the spouse or de facto partner has been charged with a registrable offence since the spouse or de facto partner completed that sentence—the charge has been withdrawn, dismissed or otherwise disposed of without the recording of a conviction; and
 (c) there are compelling circumstances affecting the sponsor or the applicant.

Evidence of charge or conviction
 (11) To determine whether a sponsor, or the spouse or de facto partner of a sponsor, has been charged with, or convicted of, a registrable offence, the Minister may request the sponsor, or the spouse or de facto partner of the sponsor, to provide a police check from:
 (a) a jurisdiction in Australia specified in the request; or
 (b) a country, specified in the request, in which the sponsor or the spouse or de facto partner has lived for a period, or a total period, of at least 12 months.
 (12) In addition to other reasons set out in this regulation for refusing to approve a sponsorship, the Minister may refuse to approve the sponsorship of all applicants for a visa if:
 (a) the Minister has requested a police check for the sponsor or the sponsor's spouse or de facto partner; and
 (b) the sponsor or the sponsor's spouse or de facto partner does not provide the police check within a reasonable time.
 (13) In this regulation:
primary applicant, for a visa, means the applicant seeking to satisfy the primary criteria for the visa.
registrable offence means any of the following:
 (a) an offence that is a registrable offence within the meaning of any of the following Acts:
 (i) the Child Protection (Offenders Registration) Act 2000 (NSW);
 (ii) the Sex Offenders Registration Act 2004 (Vic);
 (iii) the Child Sex Offenders Registration Act 2006 (SA);
 (iv) the Crimes (Child Sex Offenders) Act 2005 (ACT);
 (b) an offence that would be a registrable offence under paragraph (a) if it were committed in a jurisdiction mentioned in that paragraph;
 (c) an offence that is a reportable offence within the meaning of any of the following Acts:
 (i) the Child Protection (Offender Reporting) Act 2004 (Qld);