Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p8
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 8/105)
Character Range: 413692–416325

him or her as being:
 (i) likely to attempt to commit an unlawful interference with aviation; or
 (ii) likely to attempt to escape; or
 (b) the Immigration Department is aware that:
 (i) the person has been charged with an offence involving violence against a person or serious damage to property; and
 (ii) the charge is still to be resolved; or
 (c) the Immigration Department is aware that the person has been convicted of an offence involving violence against a person or serious damage to property.
 (2) For the purposes of subparagraph (1)(b)(ii), a charge for an offence is resolved in relation to a person at the later of the following times:
 (a) when:
 (i) the charge is withdrawn; or
 (ii) the charge is dismissed; or
 (iii) the person is not committed on the charge following a committal hearing; or
 (iv) the person is acquitted of the offence; or
 (v) the person is sentenced for the offence; or
 (vi) the person is dealt with by being the subject of an order made as a consequence of a finding of guilt; or
 (vii) the charge is otherwise finally dealt with;
 (b) if an appeal relating to the charge is not lodged within the period for lodging such an appeal—when that period ends;
 (c) if an appeal relating to the charge is lodged—when the appeal lapses or is finally determined.
Despite paragraph (b), if an appeal relating to the charge is lodged after that period ends, the charge ceases to be resolved until that appeal lapses or is finally determined.
 (3) Nothing in this regulation affects the operation of Part VIIC of the Crimes Act 1914.
Note: Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.

4.76  Provision of information to operator of prescribed air service—supervised departures
 (1) This regulation applies in relation to a flight of a prescribed aircraft if:
 (a) the aircraft is being used for a prescribed air service; and
 (b) a person in custody is to be a passenger on the flight; and
 (c) the person is undertaking the flight for the purposes of a supervised departure.
 (2) The Immigration Department must give the operator of the prescribed air service a written notice relating to the person.
 (3) A notice under this regulation must:
 (a) be in the approved form; and
 (b) include the information required by the form; and
 (c) be given not later than:
 (i) 6 hours before the intended start of the flight; or
 (ii) if a later time is agreed to by the operator—that later time.

4.77  Provision of information to operator