Document ID: chunk:federal_register_of_legislation:C2004A01237:clause:1_5c
Version: federal_register_of_legislation:C2004A01237
Segment Type: clause
Provision Reference: sch 1 cl 5C
Character Range: 7778–9706

5C  Meaning of character concern

 (1) For the purposes of this Act, a non‑citizen is of character concern if:
 (a) the non‑citizen has a substantial criminal record (as defined by subsection (2)); or
 (b) the non‑citizen has or has had an association with someone else, or with a group or organisation, who is reasonably suspected of having been or being involved in criminal conduct; or
 (c) having regard to either or both of the following:
 (i) the non‑citizen's past and present criminal conduct;
 (ii) the non‑citizen's past and present general conduct;
  the non‑citizen is not of good character; or
 (d) in the event that the non‑citizen were allowed to enter or to remain in Australia, there is a significant risk that the non‑citizen would:
 (i) engage in criminal conduct in Australia; or
 (ii) harass, molest, intimidate or stalk another person in Australia; or
 (iii) vilify a segment of the Australian community; or
 (iv) incite discord in the Australian community or in a segment of that community; or
 (v) represent a danger to the Australian community or to a segment of that community, whether by way of being liable to become involved in activities that are disruptive to, or in violence threatening harm to, that community or segment, or in any other way.

 (2) For the purposes of subsection (1), a non‑citizen has a substantial criminal record if:
 (a) the non‑citizen has been sentenced to death; or
 (b) the non‑citizen has been sentenced to imprisonment for life; or
 (c) the non‑citizen has been sentenced to a term of imprisonment of 12 months or more; or
 (d) the non‑citizen has been sentenced to 2 or more terms of imprisonment (whether on one or more occasions), and the total of those terms is 2 years or more; or
 (e) the non‑citizen has been acquitted of an offence on the grounds of unsoundness of mind or insanity, and as a result the person has been detained in a facility or institution.