Document ID: chunk:federal_register_of_legislation:F2024C00952:reg:8:p32
Version: federal_register_of_legislation:F2024C00952
Segment Type: reg
Provision Reference: reg 8 (pt 32/100)
Character Range: 133597–136272

the person by the Immigration Department.
Category B identification document, for a person, means a current and valid document issued to the person by a Commonwealth, State or Territory Department or agency, or by a government of a foreign country or an agency of a government of a foreign country, that provides photographic proof of the person's identity and includes the person's signature.
Example 1: A driver's licence issued by the Commonwealth, a State or a Territory, or by a foreign government.
Example 2: An Australian or foreign passport.
Category C identification document, for a person, means a current and valid document that provides evidence of the person's use of identity while operating in the community (which may be a community outside Australia).
Example: A Medicare card, or a membership card issued by a private health insurer.
Category D identification document, for a person, means a valid document that provides evidence of the person's current residential address (which may be a residential address outside Australia) and is less than 6 months old.
Example: A utilities notice.
Commonwealth authority means:
 (a) a Commonwealth department; or
 (b) a body established for a public purpose by or under a law of the Commonwealth.
Comptroller‑General of Customs means the person who is the Comptroller‑General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015.
conviction (of a person for an offence) has the meaning given by subsection 85ZM(1) of the Crimes Act 1914, but does not include:
 (a) a spent conviction (within the meaning given by subsection 85ZM(2) of that Act) if Division 3 of Part VIIC of that Act applies to the person; or
 (b) a conviction for an offence of which, under a law relating to pardons or quashed convictions, the person is taken never to have been convicted.
Note 1: Under the definition of conviction in subsection 85ZM(1) of the Crimes Act 1914, a person is also taken to have been convicted of an offence if the person has been convicted of the offence but no conviction has been recorded, and if a court has taken the offence into account in sentencing the person for another offence (see paragraphs 85ZM(1)(b) and (c)).
Note 2: Under Part VIIC of the Crimes Act 1914, if a person receives a free and absolute pardon for an offence against a law of the Commonwealth or a Territory because the person was wrongly convicted of the offence, the person is taken for all purposes never to have been convicted (see section 85ZR).
Note 3: In certain circumstances, Division 3 of Part VIIC of the Crimes Act 1914 ceases to apply to a person in relation to a spent conviction if