Document ID: chunk:federal_register_of_legislation:C2024C00800:section:501:p2
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 501 (pt 2/4)
Character Range: 1264894–1267516

not apply to a decision under subsection (3) or (3A).

Character test
 (6) For the purposes of this section, a person does not pass the character test if:
 (a) the person has a substantial criminal record (as defined by subsection (7)); or
 (aa) the person has been convicted of an offence that was committed:
 (i) while the person was in immigration detention; or
 (ii) during an escape by the person from immigration detention; or
 (iii) after the person escaped from immigration detention but before the person was taken into immigration detention again; or
 (ab) the person has been convicted of an offence against section 197A; or
 (b) the Minister reasonably suspects:
 (i) that the person has been or is a member of a group or organisation, or has had or has an association with a group, organisation or person; and
 (ii) that the group, organisation or person has been or is involved in criminal conduct; or
 (ba) the Minister reasonably suspects that the person has been or is involved in conduct constituting one or more of the following:
 (i) an offence under one or more of sections 233A to 234A (people smuggling);
 (ii) an offence of trafficking in persons;
 (iii) the crime of genocide, a crime against humanity, a war crime, a crime involving torture or slavery or a crime that is otherwise of serious international concern;
  whether or not the person, or another person, has been convicted of an offence constituted by the conduct; or
 (c) having regard to either or both of the following:
 (i) the person's past and present criminal conduct;
 (ii) the person's past and present general conduct;
  the person is not of good character; or
 (d) in the event the person were allowed to enter or to remain in Australia, there is a risk that the person 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; or
 (e) a court in Australia or a foreign country has:
 (i) convicted the person of one or more sexually based offences involving a child; or
 (ii) found the person guilty of such an offence, or found a charge against the person proved for such an offence, even if the person was discharged without a conviction; or
 (f) the