Document ID: chunk:federal_register_of_legislation:C2024C00800:section:5c:p2
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 5C (pt 2/2)
Character Range: 101988–103860

found the non‑citizen guilty of such an offence, or found a charge against the non‑citizen proved for such an offence, even if the non‑citizen was discharged without a conviction; or
 (f) the non‑citizen has, in Australia or a foreign country, been charged with or indicted for one or more of the following:
 (i) the crime of genocide;
 (ii) a crime against humanity;
 (iii) a war crime;
 (iv) a crime involving torture or slavery;
 (v) a crime that is otherwise of serious international concern; or
 (g) the non‑citizen has been assessed by the Australian Security Intelligence Organisation to be directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979); or
 (h) an Interpol notice in relation to the non‑citizen, from which it is reasonable to infer that the non‑citizen would present a risk to the Australian community or a segment of that community, is in force.
 (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, where the total of those terms is 12 months 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; or
 (f) the non‑citizen has:
 (i) been found by a court to not be fit to plead, in relation to an offence; and
 (ii) the court has nonetheless found that on the evidence available the non‑citizen committed the offence; and
 (iii) as a result, the non‑citizen has been detained in a facility or institution.